Dustin v. Gipson et al

Filing 30

ORDER Denying 28 Plaintiff's Motion to Disqualify Magistrate Judge, signed by Magistrate Judge Dennis L. Beck on 07/03/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALE OWEN DUSTIN,

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Plaintiff,

Case No. 1:14-cv-00757 AWI DLB PC
ORDER DENYING PLAINTIFF’S MOTION
TO DISQUALIFY MAGISTRATE JUDGE

v.
(Document 28)

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GIPSON, et al.,

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Defendants.

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Plaintiff Dale Owen Dustin (“Plaintiff”) is a California state prisoner proceeding pro se and

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in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action was transferred to

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this Court on May 16, 2014.

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On June 9, 2014, the Court screened Plaintiff’s complaint and dismissed it with leave to

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amend. Plaintiff has not yet filed an amended complaint, though the time for doing so has not yet

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expired.

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On June 30, 2014, Plaintiff filed his second request to disqualify the magistrate judge. Other

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than questioning judge’s intelligence, Plaintiff presents no arguments that would alter the Court’s

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order denying his first request. Insofar as faults the Court for omitting any reference to California

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Code of Civil Procedure section 170.6, Plaintiff is informed that this action is in federal Court and is

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governed by the Federal Rules of Civil Procedure.

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Plaintiff’s motion is DENIED.1

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

July 3, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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Plaintiff is reminded that if he threatens a federal judge, the threat(s) will be passed on to the appropriate law
enforcement agency.

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