Lucas v. Masedeo, et al.

Filing 36

ORDER signed by Magistrate Judge Kendall J. Newman on 08/09/17 ordering that withi 14 days of the date of this order, plaintiff shall inform the court whether he wishes to dismiss or proceed with this action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE LUCAS,

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Plaintiff,

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No. 2: 16-cv-0171 KJN P

v.

ORDER

C. MASEDO, et al.,

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Defendants.

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Plaintiff is a prisoner, proceeding without counsel, with a civil rights action pursuant to 42

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U.S.C. § 1983. On July 26, 2017, plaintiff filed a pleading titled “Motion to dismiss and request

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for injunction.” (ECF No. 34.) In this pleading, plaintiff requests that this action be dismissed.

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Plaintiff also requests that the court order the Yolo County Sheriff’s Department to take

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plaintiff’s report against defendant Masadeo for assault and imprisonment. Plaintiff requests that

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defendant Masadeo be arrested for his actions.
The court cannot order the relief sought by plaintiff against defendant Masadeo in the

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pending pleading. In a civil rights action, the court cannot order a criminal prosecution as a

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remedy. Accordingly, plaintiff is ordered to inform the court whether he still wishes to dismiss

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this action if the court cannot order the relief requested in his July 26, 2017 pleading.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, plaintiff shall inform the court whether he wishes to dismiss or proceed with this action.

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Dated: August 9, 2017

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Luc171.ord
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