Asberry v. Cate et al

Filing 96

ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2012 DENYING, without prejudice, plaintiff's 91 motion. (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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TONY ASBERRY,

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Plaintiff,

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

vs.

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MATTHEW CATE, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel. On November 29, 2012,

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plaintiff filed a third motion for law library access. (Dkt. No. 91.) However, this motion crossed

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in the mail with the court’s November 29, 2012 order denying plaintiff’s prior two motions, but

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granting plaintiff an extension of time in which to file his opposition to the October 30, 2012

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motion to dismiss. (Dkt. No. 90.) Moreover, on November 30, 2012, plaintiff filed his

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opposition to the October 30, 2012 motion. (Dkt. No. 93.) Accordingly, plaintiff’s third motion

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for law library access is moot. IT IS HEREBY ORDERED that plaintiff’s November 29, 2012

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motion (dkt. no. 91) is denied without prejudice.

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DATED: December 13, 2012
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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asbe2462.lib3