Asberry v. Cate et al

Filing 193

ORDER signed by Magistrate Judge Kendall J. Newman on 10/29/14 DENYING 171 Motion to vacate. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,

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No. 2: 11-cv-2462 KJM KJN P

v.

ORDER

MATTHEW CATE, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On July 21, 2014, the undersigned recommended that defendants’ motion

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for terminating sanctions be granted. (ECF No. 178.) These findings and recommendations are

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pending with the district court.
Also pending is plaintiff’s June 11, 2014 motion to vacate the June 4, 2014 order denying

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plaintiff’s motion for legal materials. (ECF No. 171). This motion is denied without prejudice

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based on the pending findings and recommendations. Plaintiff may renew his motion to vacate, if

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appropriate, if the district court does not adopt the findings and recommendations.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to vacate (ECF No. 171)

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is denied without prejudice.

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Dated: October 29, 2014

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As2462.ord(3)

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