Turner v. Byer

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 11/7/2017 OVERRULING plaintiff's 5 objections. No orders will issue in response to future filings. (Yin, K)

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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 LAFONZO R. TURNER, 12 No. 2:17-cv-1978 MCE KJN P Plaintiff, 13 v. 14 S. BYER, 15 ORDER Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. On October 3, 2017, the undersigned filed findings and 19 recommendations, noting that this action is duplicative of plaintiff’s earlier-filed action, Case No. 20 2:17-cv-1869 EFB, and recommending dismissal of only the instant action. On November 2, 21 2017, the district court adopted the findings and recommendations, and the instant action was 22 dismissed. On October 30, 2017, plaintiff filed a document styled, “Objections to Magistrate Judge’s 23 24 Findings and Recommendations.” (ECF No. 5.) Because the objections were filed after the 25 fourteen day objection period expired, plaintiff’s objections are untimely.1 In any event, 26 consideration of plaintiff’s objections do not alter the outcome here because plaintiff merely seeks 27 1 28 Plaintiff did not date the objections or provide a proof of service, so the court is unable to apply the mailbox rule. Houston v. Lack, 487 U.S. 266, 275-76 (1988) (pro se prisoner filing is dated from the date prisoner delivers it to prison authorities). 1 1 clarification that the dismissal of this action did not include dismissal of his earlier-filed action. 2 Plaintiff is advised that his earlier case, 2:17-cv-1869 EFB remains open and pending. Moreover, 3 his requests to proceed in forma pauperis have been filed in Case No. 2:17-cv-1869 EFB, and 4 plaintiff was advised of the receipt of his request to proceed in forma pauperis in such case on 5 October 4, 2017. Id. (ECF No. 5.) So long as plaintiff keeps the court apprised of his current 6 address in Case No. 2:17-cv-1869 EFB, he will receive copies of any rulings in such action. 7 Because the instant action was closed on November 2, 2017, no further orders will issue in 8 response to future filings. Plaintiff should direct all further filings to Case No. 2:17-cv-1869 9 EFB. 10 Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 30, 2017 objections 11 (ECF No. 5) are overruled. No orders will issue in response to future filings. 12 Dated: November 7, 2017 13 14 15 turn1978.804 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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