Warrior v. Olvera et al

Filing 15

ORDER DENYING 10 Motion to Vacate Judgment signed by Magistrate Judge Michael J. Seng on 4/21/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARVELLOUS AFRIKAN WARRIOR,
a.k.a. MARCELLUS GREENE,

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Plaintiff,
v.

CASE NO. 1:16-cv-01567-DAD-MJS (PC)
ORDER DENYING MOTION TO VACATE
JUDGEMENT
(ECF No. 10)

LAUREL OLVERA, et al.,

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Defendants.

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On March 23, 2017, the Court issued

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an order to show cause why this action should not be dismissed for failure to state a

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claim, failure to prosecute, and failure to obey a Court order. (ECF No. 9.)

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Rather than respond to the order to show cause, Plaintiff filed the instant motion
to vacate judgment pursuant to Rule 59(e). (ECF No. 10.)
No final judgment having been entered in this case, the instant motion is
premature, and DENIED, without prejudice, on that basis.

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IT IS SO ORDERED.
Dated:

April 21, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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