Payan v. Tate et al

Filing 78

ORDER DISREGARDING Plaintiff's Motion to Correct Record 77 , signed by Magistrate Judge Dennis L. Beck on 9/1/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. PAYAN,

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Plaintiff,

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vs.
H. TATE, et al.,

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Defendants.

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1:13cv00807 LJO DLB PC
ORDER DISREGARDING PLAINTIFF’S
MOTION TO CORRECT RECORD
(Document 77)

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Plaintiff Michael J. Payan (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on May 28, 2013.

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Plaintiff has been granted leave to file an amended complaint, and the deadline for filing
has not yet passed.

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On August 28, 2015, the Court received a motion to correct the record to change a
motion-filing date referred to by the Court in a prior order. The Court is aware of the prison mail

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box rule, though it often refers generally to the date on which a motion is filed with the Court.
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However, where necessary, the Court will note application of the prison mail box rule. There is

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no issue with the timeliness of Plaintiff’s motion to amend. Accordingly, his motion is

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DISREGARDED.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

September 1, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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