Walker v. Mohadjer et al

Filing 54

ORDER signed by Magistrate Judge Allison Claire on 01/16/14 vacating 53 Motion for TRO. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY E. WALKER, 12 Plaintiff, 13 14 No. 2:13-cv-1193 WBS AC P v. ORDER MOHADJER, Clinical Psychologist, et al., 15 Defendants. 16 17 18 On January 7, 2014, plaintiff’s recent motion for a TRO or preliminary injunction was 19 denied. ECF No. 50.1 It has just been noted in this court’s Findings and Recommendations (ECF 20 No. 52), filed on January 14, 2014, that this denial likely crossed in the mail with yet another 21 request for immediate injunctive relief, filed on January 10, 2014 (ECF No. 51).2 In the findings 22 and recommendations recommending denial of the January 10 motion for immediate injunctive 23 relief, the undersigned observed that plaintiff was continuing his pattern of repeatedly filing 24 deficient motions for injunctive relief, recounting in each filing the most recent events related to 25 his housing and classification status. ECF No. 52 at 1. Plaintiff has now submitted yet another 26 27 28 1 Plaintiff has appealed an earlier denial of his requests for immediate injunctive relief. ECF Nos. 41, 42. 2 In a typographical error, the date was therein misidentified as January 10, 2013. 1 1 motion for a TRO, which is undated and was filed in the court’s docket on January 15, 2014. 2 ECF No. 53. In this two-page putative “motion,” lacking exhibits and any form of a supporting 3 affidavit, plaintiff repeats his allegations that he has been subjected to “lock up” in Ad Seg and 4 put up for transfer based on false claims by certain staff that he poses a safety risk. Plaintiff’s 5 perpetually histrionic claims have been fully addressed in the just-issued findings and 6 recommendations. His repeated filings amount to an abuse of process about which he has been 7 previously cautioned. Plaintiff’s latest request is defective in form and substance, and entirely 8 duplicative of his previous request. For all these reasons, it will be vacated from the court’s 9 calendar. 10 Accordingly, IT IS HEREBY ORDERED that the duplicative motion for a TRO at ECF 11 No. 53 be vacated from the court’s calendar. 12 DATED: January 16, 2014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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