(PC) Meyers v. Kernan et al

Filing 26

ORDER DENYING 23 , 25 Plaintiff's Motions to Reopen Case, signed by Magistrate Judge Stanley A. Boone on 11/17/2022. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEON LEE MEYERS,

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Plaintiff,

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Case No. 1:22-cv-0539-SAB (PC)
ORDER DENYING PLAINTIFF’S
MOTIONS TO REOPEN CASE

v.
(ECF Nos. 23, 25)

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SCOTT KERNAN, et al.,
Defendants.

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Leon Lee Meyers (Plaintiff), a state prisoner, is proceeding pro se in this civil rights

17 action filed pursuant to 42 U.S.C. § 1983.
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Plaintiff filed the instant complaint on November 12, 2021, in the United States District

19 Court for the Northern District of California. (ECF No. 1.)
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On May 2, 2022, the Northern District screened Plaintiff’s complaint, dismissed the

21 claims arising in its jurisdiction, and transferred the claims involving events that took place
22 Wasco State Prison to this Court for review. (ECF No. 6.)
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Plaintiff’s third amended complaint filed on November 10, 2022, is currently pending

24 review by the Court. (ECF No. 24.)
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On October 11, 2022 and November 16, 2022, Plaintiff filed motions to reopen the case

26 pursuant to Federal Rule of Civil Procedure 60. (ECF Nos. 23, 25.) In his motions, Plaintiff
27 continues to challenge the ruling by the United States District Court for the Northern District of
28 California which dismissed the claims arising in its jurisdiction for failure to state a cognizable

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1 claim for relief. (ECF No. 6.) As Plaintiff was previously advised in the Court’s July 13, 2022
2 order, to the extent Plaintiff is seeking to challenge the ruling by the Northern District of
3 California, he must file his motion in that Court. Accordingly, Plaintiff’s motions to reopen the
4 case for the claims arising in the Northern District of California are denied as improperly filed in
5 this Court. Plaintiff is advised that the Court will screen his third amended complaint in due
6 course.
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IT IS SO ORDERED.

9 Dated:

November 17, 2022
UNITED STATES MAGISTRATE JUDGE

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