Elmore v. Flippo et al

Filing 36

ORDER Denying 35 Plaintiff's Motion as Moot, signed by Magistrate Judge Gary S. Austin on 2/15/12. (Verduzco, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TONIE ELMORE,

12

Plaintiff,

13

vs.

14

E. FLIPPO, et al.,

15

Defendants.

)
)
)
)
)
)
)
)
)
)

1:10-cv-01738-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION AS
MOOT
(Doc. 35.)

16
17
18

Tonie Elmore ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.

19

On February 13, 2012, Plaintiff filed a Rule 60 motion for relief from the Court’s order entered

20

on January 27, 2012. (Doc. 35.) The Court’s January 27, 2012 order was vacated by the Court on

21

February 7, 2012. (Doc. 32.) Therefore, Plaintiff’s motion is moot and shall be denied as such.

22

Accordingly, Plaintiff’s motion filed on February 13, 2012, is DENIED as moot.

23
24
25
26
27
28

IT IS SO ORDERED.
Dated:
6i0kij

February 15, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE