Gutierrez v. Gutierrez

Filing 47

ORDER Denying Plaintiff's Request As Premature (Doc. 46 ), signed by Magistrate Judge Gary S. Austin on 12/29/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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G. J. GUTIERREZ,

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1:13-cv-00421-LJO-GSA-PC

Plaintiff,

ORDER DENYING PLAINTIFF=S
REQUEST AS PREMATURE
(Doc. 46.)

vs.
A. GUTIERREZ,
Defendant.

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G. J. Gutierrez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights
action pursuant to 42 U.S.C. § 1983. This case now proceeds on Plaintiff’s original Complaint,
filed on March 22, 2013, against defendant A. Gutierrez (“Defendant”), for use of excessive
force in violation of the Eighth Amendment. (Doc. 1.) This case is presently in the discovery
phase, pursuant to the court’s scheduling order issued on November 21, 2014. (Doc. 41.)
On December 19, 2014, Plaintiff filed a “Request [for] Sanctions [to] be Denied.”
(Doc. 46.) Plaintiff requests the court to deny Defendant’s request for the imposition of
sanctions because of Plaintiff’s error in dating his proof of service to Defendant.
Plaintiff’s request is premature. Defendant has not filed any request for the imposition
of sanctions. According to Plaintiff’s evidence, Defendant has indicated his intent to seek

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sanctions if Plaintiff continues to engage in certain conduct. However, Defendant has not filed

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any such request with the court.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's
Request, filed on December 19, 2014, is DENIED as premature.

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IT IS SO ORDERED.
Dated:

December 29, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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