(PC) Cruz v. Trevino

Filing 11

ORDER DENYING Plaintiff's Second Motion to retain case as moot #10 ; directing Clerk of Court to update Plaintiff's mailing address and re-service ECF No. #9 signed by Magistrate Judge Barbara A. McAuliffe on 2/18/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO CRUZ,

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Plaintiff,

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ORDER DENYING PLAINTIFF’S SECOND
MOTION TO RETAIN CASE AS MOOT

v.

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Case No. 1:21-cv-00104-DAD-BAM (PC)

TREVINO, et al.,

(ECF No. 10)

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Defendants.

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Plaintiff Guillermo Trujillo Cruz (“Plaintiff”) is a state prisoner proceeding pro se in this

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ORDER DIRECTING CLERK OF COURT TO
UPDATE PLAINTIFF’S MAILING
ADDRESS AND RE-SERVE ECF NO. 9

civil rights action pursuant to 42 U.S.C. § 1983.
On January 28, 2021, the Court issued findings and recommendations recommending that

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Plaintiff’s motion for leave to proceed in forma pauperis be denied. (ECF No. 5.) Plaintiff was

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directed to file any objections to the findings and recommendations within fourteen days. (Id.)
On February 11, 2021, Plaintiff filed a “Motion to Retained Pending Case.” (ECF No. 8.)

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The Court construed the motion as a request for an extension of time for Plaintiff to file his

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objections, and on February 16, 2021, granted an extension of thirty days. (ECF No. 9.)
Currently before the Court is Plaintiff’s second motion to retain case, filed February 17,

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2021. (ECF No. 10.) The motion reiterates the same arguments presented in the first motion, but

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the motion indicates that Plaintiff has been moved to a new institution. (Id.)

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As the Court has just granted Plaintiff an extension of time, the Court finds that a further

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extension is not necessary at this time. However, as it appears Plaintiff is no longer housed at the

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institution where the Court’s February 16, 2021 order was served, the Court will direct re-service

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of that order to the appropriate address.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s second motion for extension of time to file objections to the findings and
recommendations, (ECF No. 10), is DENIED as moot;
2. The Clerk of the Court is directed to update Plaintiff’s mailing address pursuant to the
address provided in Plaintiff’s February 17, 2021 motion; and
3. The Clerk of the Court is directed to serve this order and re-serve the Court’s February 16,
2021 order, (ECF No. 9), to Plaintiff at his updated mailing address.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 18, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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