Olivier v. Brazelton et al

Filing 19

ORDER DENYING 11 Motion Requesting Expeditious Adjudication as Moot, signed by Magistrate Judge Barbara A. McAuliffe on 1/9/15. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE P. OLIVIER,

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Plaintiff,
v.
P. D. BRAZELTON, et al.,
Defendants.

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1:14-cv-00536-BAM (PC)
ORDER DENYING MOTION
REQUESTING EXPEDITIOUS
ADJUDICATION AS MOOT
(ECF No. 11)

Plaintiff Maurice P. Olivier (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on April 16, 2014, and filed a motion for temporary restraining order and preliminary

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injunction. (ECF Nos. 1, 5.) Plaintiff did not file an application to proceed in forma pauperis or

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pay the filing fee. As such, on April 28, 2014, the Court ordered Plaintiff to pay the filing fee in

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full or file an application to proceed in forma pauperis. (ECF No. 7.) Plaintiff filed an

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application to proceed in forma pauperis, which was granted by the Court on May 15, 2014.

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(ECF Nos. 8, 10.)

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On August 28, 2014, Plaintiff filed the instant motion requesting expeditious adjudication

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of his motion for temporary restraining order and preliminary injunction filed on April 16, 2014.

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(ECF No. 11.) On September 3, 2014, the Court denied the motion for temporary restraining

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order and preliminary injunction. (ECF No. 12.) On September 15, 2014, Plaintiff appealed.

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(ECF No. 13.) On December 9, 2014, the Ninth Circuit Court of Appeals dismissed Plaintiff’s

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appeal for failure to prosecute. The Ninth Circuit’s order acted as its mandate. (ECF No. 18.)

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Based on resolution of Plaintiff’s motion for temporary restraining order and preliminary

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injunction, Plaintiff’s motion requesting expeditious adjudication of that motion is now moot and

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is HEREBY DENIED. Plaintiff’s complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 9, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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