Polanco v. Department of Corrections et al

Filing 29

ORDER denying 28 Motion for Writ signed by Magistrate Judge Barbara A. McAuliffe on 5/9/2012. (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RIGOBERTO POLANCO, 10 11 12 CASE NO. 1:11-cv-01421-BAM PC Plaintiff, ORDER DENYING PLAINTIFF’S WRIT v. (ECF No. 28) DEPARTMENT OF CORRECTIONS, et al., 13 Defendants. 14 / 15 Plaintiff Rigoberto Polanco (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on August 15, 17 2011, and Plaintiff’s complaint, filed September 16, 2011, is currently pending screening. (ECF No. 18 10.) On May 3, 2012, Plaintiff filed a motion entitled “Alternate Writ of Request for Witness Before 19 Write [sic] of Mandate.” The document filed by Plaintiff is rambling and incoherent. 20 If Plaintiff wishes the court to take action, he needs to file a motion clearly stating what he 21 is requesting. While Plaintiff requests a witness, there are no hearings currently set in this action. 22 Since the Court is unable to determine what action is requested, Plaintiff’s “Alternate Writ of 23 Request for Witness Before Write [sic] of Mandate” is HEREBY DENIED. 24 IT IS SO ORDERED. 25 26 Dated: 10c20k May 9, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 27 28 1

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