Kendall v. Tampkins

Filing 11

ORDER DENYING 10 Miscellaneous Motion signed by Magistrate Judge Jennifer L. Thurston on 10/3/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEROY E. KENDALL,

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Petitioner,

No. 1:15-cv-01703-AWI-JLT (HC)
ORDER DENYING MISCELLANEOUS
MOTION (Doc. No. 10)

v.
CYNTHIA TAMPKINS, Warden,

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Respondent.

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On December 28, 2015, this case was dismissed as successive. Thereafter on March 16,

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2016, Petitioner filed the instant motion. Petitioner requests that a three judge panel order the

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compliance officer to reduce the California inmate population to an acceptable and constitutional

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level. Insofar as this case was closed on December 28, 2015, the Court is without jurisdiction to

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grant any relief. Accordingly, Petitioner’s motion is DENIED.

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IT IS SO ORDERED.
Dated:

October 3, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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