Turner v. Yolo County Sheriff's Department

Filing 24

ORDER signed by Magistrate Judge John F. Moulds on 9/13/11 DENYING 20 Motion. (Dillon, 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 ANTHONY RECARDO G. TURNER, 11 Plaintiff, 12 13 No. 2:10-cv-0554 MCE JFM (PC) vs. YOLO COUNTY SHERIFF DEPT., et al., 14 Defendants. 15 ORDER / 16 On July 27, 2011, plaintiff filed a document styled “Notice of Motion for a 17 Ruling, Screening, and U.S. Marshall [sic] Service and Confirmation and Further Request 18 “Order” to”Show Cause”on Complaint in Question.” This civil rights action was dismissed 19 without prejudice on October 21, 2010 due to plaintiff’s failure to file an amended complaint.1 20 Judgment was entered on the same day. Plaintiff’s appeal from the judgment is pending before 21 the United States Court of Appeals for the Ninth Circuit. Plaintiff’s filing does not appear to be 22 one contemplated by the Federal Rules of Civil or Appellate Procedure at this stage of these 23 proceedings. 24 ///// 25 26 1 Plaintiff has never filed an amended complaint in this action. 1 1 For the foregoing reasons, IT IS HEREBY ORDERED that plaintiff’s July 27, 2 2011 motion is denied. 3 DATED: September 13, 2011. 4 5 6 7 8 12 turn0554.58 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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