Dixon v. Oleachea, et al.

Filing 120

ORDER signed by Magistrate Judge Allison Claire on 05/04/21 DENYING 118 Motion for sanctions. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATHANIEL DIXON,

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No. 2:15-cv-2372 KJM AC P

Plaintiff,
v.

ORDER

D. OLEACHEA, et al.
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42

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U.S.C. § 1983. The case has been referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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Before this court is plaintiff’s motion for sanctions against defendant Oleachea. ECF No.
118. For the reasons stated below, the court will deny the motion as moot.

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On February 24, 2021, the court ordered counsel for defendant Oleachea to serve plaintiff

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with a courtesy copy of the Objections to Findings and Recommendations that Oleachea had filed

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on November 20, 2020, and to do so within seven days. See ECF No. 116. On March 22, 2021,

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plaintiff filed the instant motion for sanctions, alleging that defendant had not complied with the

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order. ECF No. 118.

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Since then, plaintiff has filed his objections to the November 2020 Oleachea objections.
ECF No. 119. This indicates to the court that plaintiff has received Oleachea’s objections. As a
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result, plaintiff’s instant motion to sanction Oleachea and/or his counsel is moot.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for sanctions (ECF No.

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118) is DENIED as moot.

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DATED: May 4, 2021

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