Mercer v. Matevousian et al

Filing 10

ORDER DISREGARDING 9 Plaintiff's Further Objections to Findings and Recommendations AS MOOT signed by Magistrate Judge Barbara A. McAuliffe on 7/9/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM MERCER,

12
13
14

Plaintiff,
v.
MATEVOUSIAN, et al.,

15

Case No. 1:18-cv-00265-DAD-BAM (PC)
ORDER DISREGARDING PLAINTIFF’S
FURTHER OBJECTIONS TO FINDINGS
AND RECOMMENDATIONS AS MOOT
(ECF No. 9)

Defendants.

16
17

Plaintiff William Mercer (“Plaintiff”) is a federal prisoner proceeding pro se in this civil

18

rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403

19

U.S. 388 (1971).

20

On June 7, 2018, the Court issued findings and recommendations regarding dismissal of

21

this action, without prejudice, for failure to prosecute this action due to Plaintiff’s failure to

22

submit a completed application to proceed in forma pauperis or to respond to the Court’s orders.

23

(ECF No. 5.) Plaintiff filed objections on June 25, 2018, outlining his attempts to communicate

24

with the Court regarding his transfer to a new institution. (ECF No. 6.)

25

On June 28, 2018, in light of Plaintiff’s objections, the Court issued an order vacating the

26

findings and recommendations and directing Plaintiff to submit, within thirty (30) days, his

27

consent or declination of Magistrate Judge jurisdiction and a completed and signed application to

28

proceed in forma pauperis. (ECF No. 8.)
1

1

Currently before the Court are Plaintiff’s further objections to the Court’s findings and

2

recommendations, filed June 28, 2018. (ECF No. 9.) Plaintiff provided further information

3

regarding his attempts to communicate his change of address to the Court. (Id.)

4

It appears that Plaintiff’s further objections crossed in the mail with the Court’s order

5

vacating the findings and recommendations regarding dismissal of this action. Accordingly, the

6

Court HEREBY DISREGARDS Plaintiff’s further objections, (ECF No. 9), as moot. Plaintiff’s

7

response to the Court’s order re: consent or request for reassignment, and completed application

8

to proceed in forma pauperis, remain due on or before July 31, 2018.

9
10
11

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 9, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2