Cross v. Kings County Sheriff Department et al

Filing 14

ORDER STRIKING Plaintiff's Unsigned 12 Second Motion for Reconsideration of Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 4/21/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME LEE CROSS,

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Plaintiff,
v.
KINGS COUNTY SHERIFF DEPT., et
al.,

Case No. 1:14-cv-01253-JLT (PC)
ORDER STRIKING PLAINTIFF'S
UNSIGNED SECOND MOTION
FOR RECONSIDERATION OF
DISMISSAL
(Doc. 12)

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Defendants.
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Plaintiff, Jerome Lee Cross, is currently in Kings County jail awaiting transfer to state

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prison and is currently proceeding pro se and in forma pauperis in this civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff filed this action on August 11, 2014. (Doc. 1.) This action was

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dismissed without prejudice as barred by Heck v. Humphrey, 512 U.S. 477 (1994) on September

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8, 2014 and judgment was entered that same date. (Docs. 8, 9.) On September 8, 2014, Plaintiff

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filed a motion for reconsideration of the dismissal of this action which was denied on October 10,

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2014. (Docs. 10, 11.) On February 17, 2015, Plaintiff filed an unsigned second motion for

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reconsideration indicating that his action is no longer barred by Heck v. Humphry, 512 U.S. 477

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(1994) which is before the Court. (Doc. 12.)

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All motions and other paper filed with in a federal court "must be signed by at least one

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attorney of record in the attorney's name -- or by a party personally if the party is unrepresented."

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Fed. R. Civ. P. 11(a).
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Accordingly, it is HEREBY ORDERED that Plaintiff's second motion for reconsideration

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of the order dismissing this action as barred by Heck v. Humphrey, 512 U.S. 477 (1994) is

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STRICKEN from the record and Plaintiff may re-file his motion within thirty (30) days of the

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date of service of this order.

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IT IS SO ORDERED.
Dated:

April 21, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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