Heyer v. Krueger et al

Filing 25

ORDER DISREGARDING Plaintiff's 24 Motion for Clarification signed by Magistrate Judge Dennis L. Beck on 12/17/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD D. HEYER,

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Plaintiff,

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Case No. 1:13-cv-01297 DLB PC
ORDER DISREGARDING PLAINTIFF’S
MOTION FOR CLARIFICATION

v.
(Document 24)

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ANGELA KRUEGER, et al.,
Defendants.

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Plaintiff Richard D. Heyer (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on

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August 5, 2013, and the action was transferred to this Court on August 13, 2013.

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Plaintiff filed a First Amended Complaint on November 18, 2013. The First Amended

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Complaint appears to set forth due process and other issues related to the allegedly unlawful actions

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of a public defender and the Litigation Coordinator at Plaintiff’s prior place of incarceration.

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On December 16, 2013, Plaintiff filed a motion requesting that the Court refer to his

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complaint not as a “First Amended Complaint,” but as an “Eighth or Fourteenth Amendment

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Complaint.” Plaintiff states that his complaint does not include any First Amendment issues.

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Plaintiff’s motion is DISREGARDED as unnecessary and incorrect. The “First Amended

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Complaint” means that his original complaint has been amended and is now referred to as a First

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Amended Complaint. It has nothing to do with the causes of action alleged in the complaint.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

December 17, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

9b0hied

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