Spencer v. Escobedo et al

Filing 73

ORDER Denying Plaintiff's Motions as Moot re 61 , 62 , 63 , 64 , 65 , 71 , signed by Magistrate Judge Stanley A. Boone on 5/16/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD SPENCER,

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Plaintiff,

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v.
A. ESCOBEDO, et al.,

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Defendants.

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Case No.: 1:13-cv-01657-LJO-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTIONS
AS MOOT
[ECF Nos. 61, 62, 63, 64, 65, 71]

On June 19, 2017, Defendants’ motion for summary judgment was granted and this action was

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dismissed, without prejudice, for Plaintiff’s failure to exhaust the administrative remedies. (ECF No.

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57.) Judgment was entered this same date. (ECF No. 58.)

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Plaintiff filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit.

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On June 19, 2017, Plaintiff filed several motions, including two motions to amend, motion for

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an order compelling discovery, motion for appointment of counsel, and a motion to stay. (ECF Nos,

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61, 62, 63, 64, 65.)

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On January 19, 2018, Plaintiff filed a motion for appointment of counsel. (ECF No. 71.)

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On May 14, 2018, Plaintiff’s appeal was dismissed for lack of prosecution. (ECF No. 72.)

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In light of the fact that this action was dismissed and judgment was entered on June 19, 2017,

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and Plaintiff’s notice of appeal has been dismissed for lack of prosecution, the pending motions in this

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action (ECF Nos. 61, 62, 63, 64, 65, 71) are dismissed as moot.

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IT IS SO ORDERED.

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Dated:

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May 16, 2018
UNITED STATES MAGISTRATE JUDGE

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