Gray v. Johnson et al
Filing
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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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