Carter v. Yates

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 7/27/16 ORDERING that Plaintiff's "Motion for hearing before Senior Judge" 10 is DENIED as moot. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARLICE CARTER,

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Plaintiff,

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No. 2:15-cv-2679-JAM-KJN (PS)

ORDER

v.
JAHMAN YATES,

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Defendant.

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Presently before the court is plaintiff’s motion styled as a “motion for hearing before a

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senior judge.” (ECF No. 10.) Liberally construed, it appears that plaintiff requests that this case

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be heard and reviewed by the presiding district judge. Findings and Recommendations are

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currently pending in this action recommending that this case be dismissed with prejudice pursuant

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to Federal Rule of Civil Procedure 41(b) based on plaintiff’s multiple failures to follow court

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orders directing her to file an amended complaint that addresses the fundamental pleading

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deficiencies set forth in her previously dismissed complaints. (ECF No. 9.) The conclusions of

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law within these Findings and Recommendations will be reviewed de novo by the presiding

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district judge. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s “motion for hearing before a
senior judge” (ECF No. 10) is DENIED as moot.
IT IS SO ORDERED.
Dated: July 27, 2016

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