Ahmed v. Duffy et al

Filing 41

ORDER signed by Magistrate Judge Allison Claire on 8/16/2017 DENYING plaintiff's 40 "Motion for Court's Consideration in Prosecution for Perjury for Declarant D. Sanchez". (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAIYEZ AHMED,

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Plaintiff,

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No. 2:15-cv-1470 AC P

v.

ORDER

BRIAN DUFFY, et al.,

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Defendants.

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On August 6, 2017, plaintiff prepared and submitted the pending motion for sanctions

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against D. Sanchez, the Litigation Coordinator at California State Prison Corcoran (ECF No. 40).

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In this motion, plaintiff contends there are factual inaccuracies in Sanchez’ original declaration

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(ECF No. 34-1), which was filed in response to the court’s July 10, 2017 order to show cause

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(ECF No. 33). This contention mirrors plaintiff’s previously-filed objections (ECF No. 37) to the

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court’s order discharging the order to show cause (ECF No. 35). Following submission of

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plaintiff’s objections, Sanchez filed a supplemental declaration (ECF No. 38-1) explaining and

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correcting the inaccuracies in his original declaration. Accordingly, on August 14, 2017, the

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court overruled plaintiff’s objections (ECF No. 37) to the order discharging the order to show

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cause (ECF No. 39).

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Plaintiff’s presently pending motion, prepared prior to service of Sanchez’ supplemental

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declaration and the court’s subsequent order, provides no new grounds for revisiting this matter.

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Plaintiff is admonished to refrain from filing further documents in this case until after the district

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judge’s consideration of the undersigned’s findings and recommendations concerning

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administrative exhaustion (ECF No. 31).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s “Motion for Court’s

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Consideration in Prosecution for Perjury for Declarant D. Sanchez” (ECF No. 40) is DENIED.

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DATED: August 16, 2017

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