McClellan v. Kern County Sheriff's Office et al

Filing 39

ORDER Denying Motion For Ruling (ECF No. 36 ), signed by Magistrate Judge Michael J. Seng on 8/25/2014. (Fahrney, E)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

GREGORY MCCLELLAN,

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff,
v.

CASE NO. 1:10-cv-00386-LJO-MJS (PC)
ORDER DENYING MOTION FOR RULING
(ECF No. 36)

KERN COUNTY SHERIFF’S OFFICE,
et al.,
Defendants.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
On June 2, 2014, the undersigned issued Findings and Recommendations that
Plaintiff’s Fourth Amended Complaint stated a Fourth Amendment unreasonable seizure
claim against Defendants Lozano, Wood, and Perkins arising out of their actions at the
time of Plaintiff’s arrest, and that all other claims and Defendants be dismissed.
Objections to the Findings and Recommendations were due not later than June 19,
2014. Plaintiff filed Objections on June 23, 2014. Entry of the untimely Objections into
the docket was delayed because Plaintiff used an incorrect case number. On June 25,

1

2014, the Findings and Recommendations were adopted in full without review of

2

Plaintiff’s Objections.

3

On July 14, 2014, Plaintiff filed a motion for reconsideration. (ECF No. 28.) On

4

August 6, 2014, during the pendency of his motion for reconsideration, Plaintiff filed a

5

“motion for ruling” (ECF No. 36), seeking a ruling on his motion for reconsideration so he

6

would know how to proceed on his remaining claims. On August 7, 2014, the District

7

Judge assigned to the case denied Plaintiff’s motion for reconsideration. (ECF No. 37.)

8
9

In light of the August 7, 2014 ruling on Plaintiff’s motion for reconsideration,
Plaintiff’s motion for ruling (ECF No. 36) is HEREBY DENIED as moot.

10
11
12

IT IS SO ORDERED.
Dated:

August 25, 2014

/s/

13

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2