Frazier v. Redding Police Department et al

Filing 108

ORDER signed by Magistrate Judge Allison Claire on 06/24/13 disregarding 107 Motion for TRO/preliminary injunctive relief. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW LUCAS FRAZIER,
Plaintiff,

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No. 2:11-cv-1351 AC P

vs.
REDDING POLICE DEPT., et al.,
Defendants.

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ORDER
/

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Plaintiff is a prison inmate proceeding pro se and in forma pauperis with a civil

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rights action.1 On June 21, 2013, plaintiff filed a document entitled “motion for a TRO

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preliminary injunctive relief.” ECF No. 107. In this document as in previous filings, plaintiff

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insists that he is being denied access to certain G.P.S. records. He asks that the court issue an

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order directing “the state parole” to provide plaintiff such records for September 26, 2010. Id.
Defendants filed a motion for summary judgment on February 22, 2013. ECF No.

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96. Plaintiff’s opposition was filed on March 20, 2013, and includes a request to continue the

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motion because there is still a need for discovery. ECF Nos. 97-100. Defendants filed their

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reply on March 28, 2013. ECF No. 102.

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The parties have consented to the jurisdiction of the magistrate judge in this case.

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On March 29, 2013, this court gave plaintiff an additional 60 days to supplement

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his opposition with additional evidentiary submissions because defendants had failed to provide

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plaintiff the requisite contemporaneous Rand notice with their dispositive motion. ECF No. 105.

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Plaintiff supplemented his opposition in a filing dated April 19, 2013. ECF No. 106.

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The instant motion is both untimely and redundant. The court will consider
plaintiff’s oft-repeated concerns in its review of the pending summary judgment motion.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s improper request for a

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TRO/preliminary injunctive relief (ECF No. 107) is hereby disregarded.

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DATED: June 24, 2013

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009

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