Benyamini v. Mendoza et al

Filing 113

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/31/2012 ORDERING that plaintiff's 105 motion for reconsideration and 111 motion to stay are hereby VACATED; subject to being properly re-noticed upon determination as to whether or not plaintiff's in forma pauperis status is revoked. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT P. BENYAMINI,
Plaintiff,

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vs.

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No. CIV S-09-2602 LKK GGH P

MENDOZA, et al.,

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ORDER

Defendants.
/

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief

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pursuant to 42 U.S.C. § 1983. By Order, filed on May 9, 2012 (docket # 109), the March 16,

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2012 Findings and Recommendations (docket # 101) of the undersigned were adopted and

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plaintiff’s March 13, 2012 (docket # 100) “motion for emergency stay and preliminary

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injunction” was denied. Currently pending before the district judge is this court’s Findings and

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Recommendations, filed on April 19, 2012 (docket # 106), recommending that the motion to

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revoke plaintiff’s in forma pauperis status, filed on September 13, 2011 (docket # 63), brought by

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defendants Leese, Mendoza, Fumasi, Ramirez and Baumgarner be granted. Plaintiff’s motion for

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reconsideration, filed on April 16, 2012 (docket # 105), evidently mis-directed toward the Clerk

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of the Court with regard to the clerk’s denial of plaintiff’s request for an entry of default as to

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defendant Hurtado, and a renewed motion for an “emergency stay” of this case, filed on May 14,
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2012 (docket # 111), will be vacated subjected to being properly re-noticed once the motion to

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revoke plaintiff’s in forma pauperis status has been resolved.
Accordingly, IT IS ORDERED that plaintiff’s motions at docket # 105 and docket

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# 111 are hereby VACATED, subject to being properly re-noticed upon determination as to

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whether or not plaintiff’s in forma pauperis status is revoked.

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DATED: May 31, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009
beny2602.mtns2

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