Boyack et al v. Eleson

Filing 20

ORDER DENYING 17 Motion for Prosecution as moot signed by Magistrate Judge Sheila K. Oberto on 6/21/2011. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DOUGLAS C. BOYACK, et al.,

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Plaintiffs,

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CASE NO. 1:11-cv-00416-AWI-SKO
ORDER DENYING “MOTION FOR
PROSECUTION” AS MOOT

v.

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ERIC RICHARD ELESON,

(Docket No. 17)

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Defendant.
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On June 2, 2011, Defendant filed an “ex parte notice and motion for prosecution for

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obstruction of justice and conspiracy to obstruct.”

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the April 22, 2011, Findings and Recommendations that the matter be remanded to the Tuolumne

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County Superior Court. (Doc. 15.) Plaintiff’s motion does not have any bearing on the Court’s order

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to remand the case and is moot in light of the subsequent remand order.

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(Doc. 14.) On June 6, 2011, Judge Ishii adopted

Accordingly, Plaintiff’s “motion for prosecution for obstruction of justice and conspiracy to
obstruct” is DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated:
ie14hj

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June 21, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE