Starr v. Reisig et al

Filing 23

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/23/12 ORDERING that Plaintiffs motions 21 & 22 are VACATED; This action is DISMISSED. CASE CLOSED.(Dillon, 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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ROBIN GILLEN STARR,

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Plaintiff,

No. CIV S-11-3038 GGH P

vs.
JEFF REISIG, et al.,
Defendants.

ORDER
/

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983. This case is before the undersigned pursuant to plaintiff’s consent. Docket

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# 10. On December 2, 2011, plaintiff was ordered to file an in forma pauperis application.

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Plaintiff’s in forma pauperis application was incomplete, so on January 5, 2012, the court ordered

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plaintiff to submit a completed application, yet that order was returned to the court as

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undeliverable. Plaintiff then filed a motion for default judgment, motion to compel, motion to

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reconsider the order denying appointment of counsel and motion for summary judgment. Docs.

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13-17. However, as the case had not been screened yet and no defendants had been served, these

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motions were all vacated as premature. On January 23, 2012, plaintiff was given another

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opportunity to submit a proper in forma pauperis application within 30 days. Plaintiff has not

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filed an in forma pauperis application, yet has filed several more motions that are once again
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premature and frivolous. Plaintiff has been given three different opportunities to file an in forma

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pauperis application but has failed to follow the court’s orders. Therefore, this case is

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dismissed.1

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions (Docs. 21 & 22) are vacated;

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2. This action is dismissed. See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: March 23, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
star3038.dis

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While an earlier order was returned to the court as undeliverable, the other mailings
ordering plaintiff to file an in forma pauperis application have not been returned to the court.
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