Shehee v. Perez et al

Filing 17

ORDER DENYING 16 Motion for Judgment as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 3/27/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,
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Plaintiff,
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vs.
FAITH PEREZ, et al.,
Defendants.

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1:16-cv-01346-AWI-BAM (PC)
ORDER DENYING MOTION FOR
JUDGMENT AS PREMATURE
(ECF No. 16)

Plaintiff, a county jail inmate, filed this civil rights action pursuant to 42 U.S.C. § 1983

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on September 12, 2016. On March 15, 2017, the Court ordered Plaintiff to file a completed

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application to proceed in forma pauperis within forty-five (45) days. (ECF No. 15). To date,

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Plaintiff has not filed a completed application or paid the filing fee in full.

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On March 20, 2017, Plaintiff filed an untitled document in which he complains about

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being moved to a different floor of the county jail and having his documents taken. Plaintiff

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believes that judgment should be entered in his favor against the Department of State Hospitals

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defendants because the Sheriff’s Department has ties to the state hospital. (ECF No. 16).

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To the extent Plaintiff requests entry of judgment, his request is premature. Plaintiff has

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neither paid the filing fee in this action nor filed a completed application to proceed in forma

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pauperis. The Court also has not screened Plaintiff’s complaint to determine if it states a claim

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for relief. 28 U.S.C. § 1915(e)(2)(B)(ii). Further, no defendant has been served or appeared in

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this action. Accordingly, Plaintiff’s request for entry of judgment is HEREBY DENIED as

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premature.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 27, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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