Kirchner v. Biter et al
Filing
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ORDER GRANTING Plaintiff's 13 Motion for Clarification signed by Magistrate Judge Barbara A. McAuliffe on 5/16/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KRISTOPHER KIRCHNER,
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Plaintiff,
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Case No. 1:18-cv-00516-AWI-BAM (PC)
ORDER GRANTING PLAINTIFF’S MOTION
FOR CLARIFICATION
v.
(ECF No. 13)
BITER, et al.,
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Defendants.
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Plaintiff Kristopher Kirchner (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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On May 2, 2018, Chief District Judge O’Neill issued an order reassigning this action from
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Magistrate Judge Oberto to the undersigned for all further proceedings. (ECF No. 9.) That order
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further stated that the new case number for this action would be 1:18-CV-00516-BAM. (Id.)
On May 3, 2018, Plaintiff declined jurisdiction of a United States Magistrate Judge and
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requested reassignment of this action to a United States District Judge. (ECF No. 10.) Pursuant
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to that filing, on May 4, 2018, the Clerk of the Court issued a notice that this case had been
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assigned to District Judge Ishii and Magistrate Judge Oberto. (ECF No. 11.) On May 7, 2018,
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the Clerk of the Court issued a second notice that the May 4, 2018 had been issued in error, and
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this case had been assigned to District Judge Ishii and the undersigned. (ECF No. 12.)
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On May 15, 2018, Plaintiff filed the instant motion for clarification regarding the recent
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reassignment order and notices. (ECF No. 13.) It appears that Plaintiff received the May 3, 2018
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order and May 4, 2018 notice, but had not yet received the May 7, 2018 notice. Plaintiff requests
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clarification regarding the proper case number for this action.
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Plaintiff’s request for clarification is GRANTED. This action has been assigned to
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District Judge Anthony W. Ishii and Magistrate Judge Barbara A. McAuliffe. The correct case
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number is 1:18-cv-00516-AWI-BAM (PC).
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 16, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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