McCoy v. Ramirez et al

Filing 56

ORDER DENYING Defendant's Motion or Order Revoking In Forma Pauperis Status, GRANTING Defendant's Motion for Extension of Time, and APPROVING Substitution of Attorney 48 , 53 , 55 , signed by Magistrate Judge Michael J. Seng on 2/9/16: Fourteen (14) Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAKEITH LEROY MCCOY,

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Plaintiff,

CASE NO. 1:13-cv-01808-MJS (PC)

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ORDER
DENYING
DEFENDANT’S
MOTION OR ORDER REVOKING IN
FORMA
PAUPERIS
STATUS,
GRANTING DEFENDANT’S MOTION
FOR EXTENSION OF TIME, AND
APPROVING
SUBSTITUTION
OF
ATTORNEY

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(ECF Nos. 48, 53, 55)

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v.
J. RAMIREZ, et al.,
Defendants.

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FOURTEEN (14) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 5.) The matter proceeds
against Defendant Ramirez on an Eighth Amendment excessive force claim. (ECF No.
33.) The docket reflects that a copy of the summons and operative pleading were mailed
to Defendant on August 22, 2015, and Defendant mailed a waiver of service on October
8, 2015. (ECF No. 41.)
On November 19, 2015, Defendant filed a motion for an order revoking Plaintiff’s
in forma pauperis status on the ground that Plaintiff is a “three-striker” pursuant to 28

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U.S.C. § 1915(g). (ECF No. 48.) Defendant also sought, and was granted, an extension
of time to file a responsive pleading pending the Court’s ruling on his motion. In his
objections to that motion, Plaintiff correctly argued that his in forma pauperis status is not
subject to revocation because the strikes referenced by Defendant were incurred after
he filed the instant action. On this ground, Defendant now moves to withdraw his motion
to revoke and seeks an extension of time to file a responsive pleading. (ECF No. 53.)
Also before the undersigned is a proposed substitution of attorney for Defendant. (ECF
NO. 55.)
Good cause appearing, IT IS HEREBY ORDERED that:
1. Defendant’s motion to withdraw his motion (ECF No. 53) is GRANTED;
2. Defendant’s motion for an order revoking Plaintiff’s in forma pauperis status

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(ECF No. 48) is DENIED as moot;
3. Defendant’s request for an extension of time to file a responsive pleading is

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GRANTED;
4. The substitution of attorney for Defendant (ECF No. 55) is APPROVED; and
5. Defendant shall file a responsive pleading within fourteen (14) days from the

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date of this Order.

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IT IS SO ORDERED.

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Dated:

February 9, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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