Hill v. Director of Corrections et al

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/2/2013 STRICKING plaintiff's 29 unauthorized pleading; and DENYING plaintiff's 30 motion for attorney's fees. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH HILL,

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Plaintiff,

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No. 2:11-cv-3409-EFB P

v.

ORDER

DIRECTOR OF CORRECTIONS, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. Pursuant to the court’s January 23, 2013 schedule, any motions to amend were to

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be filed by April 23, 2013. ECF No. 13. On September 9, 2013, without explanation, plaintiff

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filed an amended complaint. ECF No. 29. Plaintiff’s pleading is unauthorized and will be

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stricken from the docket.
In addition, plaintiff has filed a motion for attorney’s fees. ECF No. 30. Plaintiff’s

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motion is baseless. First, he is proceeding pro se and is not entitled to attorney’s fees. Second,

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even assuming he was represented by counsel, there has been no proceeding that would warrant

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payment of attorney’s fees in this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s unauthorized pleading (ECF No. 29) is stricken.

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2. Plaintiff’s motion for attorney’s fees (ECF No. 30) is denied.

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Dated: October 2, 2013.

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