Barbour v. United States of America

Filing 23

ORDER Directing Clerk of the Court to Administratively Redesignate Case as a Prisoner Action signed by Magistrate Judge Barbara A. McAuliffe on 09/30/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT BARBOUR,

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Plaintiff,
v.

Case No. 1:18-cv-00246-LJO-BAM
ORDER DIRECTING CLERK OF THE
COURT TO ADMINISTRATIVELY
REDESIGNATE CASE AS A PRISONER
ACTION

UNITED STATES OF AMERICA,
Defendant.

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Plaintiff Scott Barbour (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b).

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The action was initially designated as a prisoner civil rights action, and was later redesignated as

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a regular civil action and reassigned to the undersigned Magistrate Judge. (ECF No. 11.)

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On August 21, 2019, Defendant filed a motion to dismiss the first amended complaint for

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lack of subject matter jurisdiction. (ECF No. 18.) Plaintiff filed his opposition on September 18,

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2019, (ECF No. 20), and Defendant filed a reply on September 25, 2019, (ECF No. 21). Plaintiff

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also filed a motion for an order opening discovery on September 18, 2019, (ECF No. 19), which

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Defendant opposed on September 25, 2019, (ECF No. 22). The deadline for the filing of

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Plaintiff’s reply, if any, has not yet expired.

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The Court has reviewed the first amended complaint and determined that the present
action involves a prisoner litigating the conditions of his confinement. Consequently, the
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administrative designation should reflect this, and this matter should proceed according to the

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rules governing actions involving a prisoner litigating the conditions of his confinement. This

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includes Local Rule 230(l) on motions in prisoner actions. Thus, the motion to dismiss and the

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motion for order opening discovery shall be submitted upon the record without oral argument.

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This matter is also excepted from the mandatory scheduling conference requirement, pursuant to

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Local Rule 240(c)(8).

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Accordingly, it is HEREBY ORDERED as follows:

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1. The Clerk of the Court SHALL change the administrative designation of the present

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case to reflect that of a prisoner litigating the conditions of his confinement; and

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2. The Clerk of the Court SHALL designate the case number in this action as follows:

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Case No. 1:18-cv-00246-LJO-BAM (PC).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 30, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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