Gradford v. McDougall et al

Filing 103

ORDER STRIKING Plaintiff's 102 Motion signed by Magistrate Judge Gary S. Austin on 03/30/2021. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,

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Plaintiff,

1:17-cv-00201-DAD-GSA-PC
ORDER STRIKING PLAINTIFF’S MOTION
(ECF No. 102.)

vs.
TIEXIERA, et al.,
Defendants.

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William J. Gradford (“Plaintiff”) is a former prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 13, 2017,

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Plaintiff filed the Complaint commencing this action. (ECF No. 1.) At the time of the events at

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issue in this case Plaintiff was a pretrial detainee incarcerated at the Stanislaus County Public

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Safety Center.

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On May 1, 2019, the court scheduled a settlement conference to be held on May 15, 2019

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before Magistrate Judge Barbara A. McAuliffe. (ECF No. 85.) On May 8, 2019, the parties filed

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a stipulation and proposed order of dismissal of the case. (ECF No. 87.) On May 8, 2019, the

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court issued an order giving full effect to the parties’ stipulation, and the case was closed. (ECF

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No. 88.) On May 10, 2019, the settlement conference was vacated from the court’s calendar.

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(ECF No. 89.)

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On May 26, 2019, Plaintiff filed a motion to vacate the voluntary dismissal and reschedule

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the settlement conference. (ECF No. 97.) On September 8, 2020, the court denied the motion,

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advising Plaintiff that “[t]his case remains closed and no further filings will be accepted.” (ECF

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No. 101 at 6.)

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On January 22, 2021, Plaintiff filed another motion to vacate the dismissal and reschedule

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the settlement conference. (ECF No. 102.) Based on the September 8, 2020 order advising

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Plaintiff that no further filings will be accepted in this case, the court shall not consider Plaintiff’s

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January 22, 2021 motion, and the motion shall be stricken from the record.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion filed on January 22,
2021, is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

March 30, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE