Martinez v. State of California et al

Filing 131

ORDER DENYING 130 Plaintiff's Ex Parte Application for Order permitting re-filing against parties dismissed without prejudice in the present action signed by Magistrate Judge Dennis L. Beck on 4/3/2009. (Hernandez, M)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 STEVEN C. MARTINEZ, 9 10 Plaintiff, 11 v. 12 STATE OF CALIFORNIA, et al., 13 14 Defendants. 15 16 17 Plaintiff Steven C. Martinez ("Plaintiff") filed the instant ex parte application on April 1, 18 2009, seeking either: (1) an order that he be permitted to re-file federal claims against Defendants 19 Childress, Garcia, Sena, Nacar, Van Atta and Smith in the present action; or (2) an order that the 20 time for re-filing the federal claims against these defendants be tolled until after the rulings on 21 the motions presently pending before the Court. 22 Upon review of Plaintiff's application, the Court finds that good cause does not exist to 23 grant Plaintiff's request ex parte. The ex parte application is therefore DENIED. 24 IT IS SO ORDERED. 25 Dated: 26 27 28 1 3b142a ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:07cv0996 DLB ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION FOR ORDER PERMITTING RE-FILING AGAINST PARTIES DISMISSED WITHOUT PREJUDICE IN THE PRESENT ACTION (Document 130)

UNITED STATES DISTRICT COURT

April 3, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE