Clinton v. California Department of Corrections et al

Filing 537

ORDER signed by Magistrate Judge Craig M. Kellison on 11/01/13 ordering the motion for sanctions 527 currently set for hearing on 11/20/13 is taken off calendar. No action will be taken on the pending motion for sanctions until the District Court rules on the pending findings and recommendations. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS CLINTON, 12 13 14 No. CIV S-05-1600-LKK-CMK-P Plaintiff, vs. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 / 17 Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action 18 pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for sanctions (Doc. 19 527), currently set for hearing on November 20, 2013. 20 On October 18, 2013, the undersigned issued findings and recommendations 21 (Doc. 526) wherein it was recommended to the District Court that plaintiff’s previous motion for 22 sanctions, based on allegations of the same misconduct, be denied. Until such time as the 23 District Court acts on the findings and recommendations, the undersigned cannot entertain any 24 additional motions on the same alleged misconduct. 25 26 Therefore, the motion for sanctions will be taken off calendar, and will not be addressed until after the District Court acts on the pending findings and recommendation. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 4 5 The motion for sanctions (Doc. 527), currently set for hearing on November 20, 2013, is taken off calendar; and 2. No action will be taken on the pending motion for sanctions until the District Court rules on the pending findings and recommendations. 6 7 8 9 DATED: November 1, 2013 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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