Thomas v. Davey et al

Filing 25

ORDER DENYING, as Moot Plaintiff's 18 Motion for Priority Screening and Emergency Preliminary-Permanent Injunction and Restraining Order, signed by Magistrate Judge Barbara A. McAuliffe on 03/14/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00925-AWI-BAM (PC)

EDWARD THOMAS,

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Plaintiff,

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ORDER DENYING, AS MOOT,
PLAINTIFF’S MOTION REQUESTING
PRIORITY SCREENING-PROCESSING OF
FIRST AMENDED CIVIL ACTION
COMPLAINT AND PRIORITY
PROCESSING OF MOTION FOR
RECONSIDERATION OF MAGISTRATE
JUDGE’S OCTOBER 26, 2016 ORDER AND
PLAINTIFF’S EMERGENCY
PRELIMINARY-PERMANENT
INJUNCTION AND RESTRAINING
ORDER

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(ECF No. 18)

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v.
DAVE DAVEY, et al.,
Defendants.

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Plaintiff Edward Thomas (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On July 15 and October 26, 2016, Plaintiff filed motions for a preliminary injunction, and

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on October 26, 2016, also filed a motion for an order to show cause why a permanent injunction

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and restraining order should not be issued. (ECF Nos. 7, 13, 14).

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On October 24, 2016, the Court screened Plaintiff’s first amended complaint, and

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dismissed it with leave to amend. (ECF No. 12). On November 4 and November 18, 2016,

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Plaintiff filed consecutive motions for reconsideration by the District Judge of the screening order

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dismissing his complaint with leave to amend. (ECF Nos. 16, 17.) Thereafter, on January 3,

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2017, Plaintiff filed a motion requesting priority screening and processing of his first amended

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complaint, priority processing of his motion for reconsideration and his motion for

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preliminary/permanent injunction and restraining order.1 (ECF No. 18).

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On March 6, 2017, the District Court denied Plaintiff’s motions for reconsideration and

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directed Plaintiff to file a second amended complaint. (ECF No. 22). On the same date, the court

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also denied Plaintiff’s motions for emergency preliminary injunction and motion for an order to

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show cause. (ECF No. 23). Based on these orders, Plaintiff’s request for priority processing of

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his first amended complaint, motion for reconsideration and motion for preliminary injunction is

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now moot, and is HEREBY DENIED.

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IT IS SO ORDERED.
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Dated:

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/s/ Barbara

March 14, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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On March 1, 2017, Plaintiff filed a motion for emergency preliminary injunction and motion for temporary
restraining order. (ECF No. 21). This motion remains pending and will be addressed in due course.

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