Bettencourt v. Parks et al

Filing 34

ORDER Denying as Moot Plaintiff's 30 Motion to Proceed IFP; ORDER Disregarding Plaintiff's Civil Cover Sheet and Petition for Extraordinary Writ 31 , signed by Magistrate Judge Barbara A. McAuliffe on 9/14/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY RAY BETTENCOURT,

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Plaintiff,
v.
L. PARKER, et al.,

Case No. 1:16-cv-00150-DAD-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO PROCEED IN FORMA PAUPERIS AS
MOOT
(ECF No. 30)

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ORDER DISREGARDING PLAINTIFF’S
CIVIL COVER SHEET AND PETITION FOR
EXTRAORDINARY WRIT

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(ECF Nos. 29, 31)

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Defendants.

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Plaintiff Gary Ray Bettencourt (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 4, 2017, the

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Court issued an order granting Plaintiff’s motion to amend the complaint, and denying as moot

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various motions related to the prior screening order and status of the case. (ECF No. 28.)

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Plaintiff was ordered to file an amended complaint within thirty (30) days of the date of service of

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that order. (Id. at 4.) Plaintiff timely filed a first amended complaint on September 5, 2017.

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(ECF No. 33.) The first amended complaint will be screened in due course.

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Currently before the Court are Plaintiff’s civil cover sheet, motion to proceed in forma

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pauperis, and petition for extraordinary writ, filed on August 14, 2017. (ECF Nos. 29, 30, 31.) It

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appears that Plaintiff intended to file these documents with the Ninth Circuit, and has mistakenly
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filed them with this Court. Therefore, these documents are disregarded.

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To the extent Plaintiff is seeking to proceed in forma pauperis in this action, the motion is

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denied as moot. Plaintiff has already been granted leave to proceed in forma pauperis. (ECF No.

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4.)

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion to proceed in forma pauperis (ECF No. 30) is DENIED as moot;

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2. Plaintiff’s civil cover sheet (ECF No. 29) is DISREGARDED; and

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3. Plaintiff’s petition for extraordinary writ (ECF No. 31) is DISREGARDED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 14, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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