Trujillo v. Biter

Filing 25

ORDER Denying Plaintiff's 22 Motion for the Denial of Plaintiff's Due Process Rights, signed by Magistrate Judge Erica P. Grosjean on 11/7/16. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,
Plaintiff,

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v.

1:14-cv-01370-EPG (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR THE DENIAL OF
PLAINTIFF’S DUE PROCESS RIGHTS
(ECF NO. 22)

BITER, et al.,
Defendants.

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Guillermo Trujillo ("Plaintiff") is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The case is now proceeding

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on Plaintiff’s Third Amended Complaint. (ECF No. 17).

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On October 28, 2016, Plaintiff filed a motion for the denial of [Plaintiff’s] due process

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rights (“the Motion”). (ECF No. 22). According to Plaintiff, a prison official was preventing

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Plaintiff from making copies. This allegedly prevented Plaintiff from following the Court’s

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order (ECF No. 21) requiring Plaintiff to provide the Court with four copies of the Third

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Amended Complaint.

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The Court notes that on October 31, 2016, the appropriate service documents were sent

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to the United States Marshal for service, including four copies of the Third Amended

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Complaint. (ECF Nos. 23 & 24). Therefore, the Motion will be denied as moot.

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Accordingly, it is HEREBY ORDERED Plaintiff’s motion

for

the

denial

of

[Plaintiff’s] due process rights is DENIED as moot.
IT IS SO ORDERED.
Dated:

November 7, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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