Valdez v. Cate et al

Filing 94

ORDER signed by Magistrate Judge Craig M. Kellison on 03/27/18 DENYING 90 Motion for Reconsideration. The Clerk of the Court is directed to reopen this case, randomly assign a District Judge and update the docket to reflect the new case number. U.S. District Judge John A. Mendez randomly assigned to this action. The new case number is 2:12-cv-1352 JAM CMK (PC). (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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RUBEN VALDEZ,

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No. 2:12-cv-1352-CMK-P

Plaintiff,
vs.

ORDER

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MATTHEW CATE, et al.,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s motion for reconsideration (Doc. 90).

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Prior to the filing of plaintiff’s motion, he filed an appeal with the Ninth Circuit Court of

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Appeals. That appeal was recently granted; the Ninth Circuit vacated the decision of this court1

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and remanded for further proceedings. As such, plaintiff’s motion for reconsideration is moot,

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and will be denied as such.

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In addition, the mandate has now issued. Accordingly, the Clerk of the Court will
directed to reopen this case and randomly assign a District Judge.

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The appeal was granted pursuant to Williams v. King, 875 F.3d 500 (9th Cir.
2017) because not all parties had filed consent to proceed before the magistrate judge.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff’s request for reconsideration (Doc. 90) is denied as moot; and

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The Clerk of the Court is directed to reopen this case, randomly assign a

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District Judge, and update the docket to reflect the new case number.

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DATED: March 27, 2018
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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