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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAFONZO R. TURNER,

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No. 2:17-cv-1978 MCE KJN P

Plaintiff,

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v.

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S. BYER,

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ORDER

Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. On October 3, 2017, the undersigned filed findings and

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recommendations, noting that this action is duplicative of plaintiff’s earlier-filed action, Case No.

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2:17-cv-1869 EFB, and recommending dismissal of only the instant action. On November 2,

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2017, the district court adopted the findings and recommendations, and the instant action was

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dismissed.
On October 30, 2017, plaintiff filed a document styled, “Objections to Magistrate Judge’s

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Findings and Recommendations.” (ECF No. 5.) Because the objections were filed after the

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fourteen day objection period expired, plaintiff’s objections are untimely.1 In any event,

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consideration of plaintiff’s objections do not alter the outcome here because plaintiff merely seeks

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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).
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clarification that the dismissal of this action did not include dismissal of his earlier-filed action.

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Plaintiff is advised that his earlier case, 2:17-cv-1869 EFB remains open and pending. Moreover,

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his requests to proceed in forma pauperis have been filed in Case No. 2:17-cv-1869 EFB, and

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plaintiff was advised of the receipt of his request to proceed in forma pauperis in such case on

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October 4, 2017. Id. (ECF No. 5.) So long as plaintiff keeps the court apprised of his current

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address in Case No. 2:17-cv-1869 EFB, he will receive copies of any rulings in such action.

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Because the instant action was closed on November 2, 2017, no further orders will issue in

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response to future filings. Plaintiff should direct all further filings to Case No. 2:17-cv-1869

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EFB.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 30, 2017 objections

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(ECF No. 5) are overruled. No orders will issue in response to future filings.

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Dated: November 7, 2017

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turn1978.804

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