Carter v. Fernandez et al

Filing 101

ORDER DENYING Plaintiff's Motions as MOOT re 92 & 93 , signed by Magistrate Judge Dennis L. Beck on 11/15/2011. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 IVAN RAY CARTER, JR., 9 10 CASE NO. 1:08-CV-01841-AWI-DLB PC Plaintiff, ORDER DENYING PLAINTIFF’S MOTIONS AS MOOT v. (DOCS. 92, 93) 11 A. FERNANDEZ, et al., 12 Defendants. / 13 14 Plaintiff Ivan Ray Carter, Jr., (“Plaintiff”) is a prisoner in the custody of the California 15 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding 17 on Plaintiff’s complaint against Defendants A. Fernandez, R. Reynaga, H. Carillo, L. Ceaser, and 18 D. Jones for violation of the Eighth Amendment. Pending before the Court are: 1) Plaintiff’s 19 motion for the undersigned to preside over this action during trial, filed June 30, 2011, and 2) 20 Plaintiff’s motion for a final decision on the undersigned’s May 25, 2011 Findings and 21 Recommendations, also filed June 30, 2011. Docs. 92, 93. Both motions are moot. Plaintiff 22 submitted his consent to magistrate judge jurisdiction on October 24, 2011. Doc. 98. The 23 district judge assigned to this action issued an order adopting the Findings and Recommendations 24 on September 21, 2011. Doc. 95. Accordingly, Plaintiff’s motions, filed June 30, 2011, are 25 denied as moot. 26 27 IT IS SO ORDERED. Dated: 3b142a November 15, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1

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