Purtue v. Kearnes et al

Filing 54

ORDER denying 52 Motion regarding Officials misconduct signed by Magistrate Judge Stanley A. Boone on 2/21/2017. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL PURTUE, 12 13 14 15 Plaintiff, v. B. KEARNES, et al., Defendants. 16 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00551-DAD-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION REGARDING OFFICIALS MISCONDUCT [ECF No. 52] Plaintiff Michael Purtue is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 17, 2017, Plaintiff filed a motion regarding alleged prison officials misconduct. 20 Plaintiff contends that “there is an inmate lying to the court about being Plaintiff[’s] representation 21 [sic].” Plaintiff contends that Warden K. Holland and her captains have paid an inmate to pretend to 22 be acting as Plaintiff’s legal representative in order to obtain documents to his civil rights action and to 23 sabotage his civil rights complaint in order to get out of the lawsuit. Plaintiff contends that he never 24 received a courtesy copy of Defendants’ motion for summary judgment, and Plaintiff requests a copy 25 of the entire court file. Plaintiff’s motion must be denied. 26 First, Plaintiff’s claim that he never received a courtesy copy of Defendants’ motion for 27 summary judgment as ordered by the Court on January 24, 2017, Plaintiff’s claim is belied by the fact 28 that Plaintiff filed an opposition to Defendants’ motion on February 17, 2017, and makes specific 1 1 reference and argument as to the contents of such motion. (See ECF No. 51.) Second, the Court has 2 only received and filed documents submitted by Plaintiff, and the Court has only directed service of 3 orders by mail on Plaintiff at his address of record. Third, the Court will not send Plaintiff a copy of 4 the entire case file as it is clear that Plaintiff is receiving any and all filings in this case. Accordingly, 5 Plaintiff’s motion is DENIED. 6 7 IT IS SO ORDERED. 8 Dated: 9 February 21, 2017 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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