Goolsby v. Cate et al

Filing 30

ORDER signed by Magistrate Judge Gary S. Austin on 9/25/2013 disregarding 27 Motion to lift stay as moot and directing Clerk to file 28 Amended Complaint lodged on September 23, 2013. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS GOOLSBY,

12
13
14
15

1:13-cv-00119-GSA-PC
ORDER DISREGARDING PLAINTIFF’S
MOTION TO LIFT STAY AS MOOT
(Doc. 27.)

Plaintiff,
vs.

ORDER DIRECTING CLERK TO FILE
AMENDED COMPLAINT WHICH WAS
LODGED ON SEPTEMBER 23, 2013
(Doc. 28.)

MATTHEW CATE, et al.,
Defendants.

16
17

Thomas Goolsby ("Plaintiff") is a state prisoner proceeding pro se and in forma

18

pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on

19

January 25, 2013. (Doc. 1.) On February 11, 2013, Plaintiff consented to Magistrate Judge

20

jurisdiction in this action pursuant to 28 U.S.C. ' 636(c), and no other parties have made an

21

appearance. (Doc. 3.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the

22

Eastern District of California, the undersigned shall conduct any and all proceedings in the case

23

until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

24
25

On September 23, 2013, Plaintiff filed a motion to lift the stay of this action and to
screen the Amended Complaint lodged on September 23, 2013. (Docs. 27, 28.)

26

Plaintiff’s motion to lift the stay is moot because on September 23, 2013, the court

27

entered an order lifting the stay. (Doc. 26.) Plaintiff’s Amended Complaint shall be filed, and

28

the court shall screen the Amended Complaint in due time.
1

1

Based on the foregoing, IT IS HEREBY ORDERED that:

2

1.

3

Plaintiff’s motion to lift the stay of this action, filed on September 23, 2013, is

DISREGARDED as moot;

4

2.

5

2013; and

6

3.

The Clerk is directed to file the Amended Complaint lodged on September 23,

Plaintiff’s Amended Complaint shall be screened in due course.

7
8
9
10
11

IT IS SO ORDERED.
Dated:

12
13
14

September 25, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

6i0kij8d

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