Gray v. Johnson et al

Filing 269

ORDER DENYING 189 213 234 238 Motions at MOOT signed by Magistrate Judge Gary S. Austin on 9/11/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA GRAY,

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Plaintiff,

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1:13-cv-01473-DAD-GSA-PC
ORDER DENYING MOTIONS AS MOOT
(ECF Nos. 189, 213, 225, 234, 236, 238.)

vs.
ROMERO, et al.,

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Defendants.

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I.

Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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BACKGROUND

pursuant to 42 U.S.C. § 1983. This case was filed on September 12, 2013. (ECF No. 1.)

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On May 4, 2017, the court issued an order striking Plaintiff’s Fifth Amended

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Complaint, filed on May 2, 2017, as filed in violation of the court’s order, without leave to

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amend. (ECF No. 206.)

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Plaintiff filed motions on April 5, 2017, June 21, 2017, May 26, 2017, July 24, 2017,

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July 26, 2017, and August 7, 2017, which are now before the court.

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II.

PLAINTIFF’S MOTIONS

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On April 5, 2017, Plaintiff filed a motion for a court order stating that her claims were

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properly exhausted and are timely against all defendants. (ECF No. 189.) On June 21, 2017,

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Plaintiff filed a motion for summary judgment. (ECF No. 225.) On May 26, 2017, July 24,
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2017, July 26, 2017, and August 7, 2017, Plaintiff filed motions for the court to serve

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defendants with the Fifth Amended Complaint and the declaration of Dr. Donna Anderson.

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(ECF No. 213, 234, 236, 238.)

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Given that Plaintiff’s Fifth Amended Complaint was stricken from the record, and

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therefore there is presently no complaint on file for which this case can proceed, all of these

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motions are moot and shall be denied as such.

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III.

CONCLUSION

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for a court order stating that her claims were properly

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exhausted and are timely against all defendants, filed on April 5, 2017, is

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DENIED as moot;

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2.

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Plaintiff’s motion for summary judgment, filed on June 21, 2017, is DENIED as
moot;

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Plaintiff’s motions for the court to serve defendants with the Fifth Amended

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Complaint and the declaration of Dr. Donna Anderson, filed on May 26, 2017,

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July 24, 2017, July 26, 2017, and August 7, 2017, are DENIED as moot.

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IT IS SO ORDERED.
Dated:

September 11, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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