Stine v. Bureau of Prisons et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2019 DENYING without prejudice plaintiff's 46 motion. (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 MIKEAL GLENN STINE, 12 Plaintiff, 13 14 v. No. 2:18-cv-0684 TLN KJN P ORDER BUREAU OF PRISONS, et al., 15 Defendants. 16 17 On May 9, 2019, plaintiff filed an “emergency motion for evidentiary hearing. . . .” (ECF 18 No. 46.) Plaintiff’s motion crossed in the mail with this court’s May 8, 2019 order. As the court 19 explained, this case is closed. No operative pleading is on file. Thus, there is no need for a 20 hearing, and any complaint plaintiff has concerning his current conditions of confinement in 21 Terre Haute, Indiana, must be brought in an appropriate court in Indiana. Plaintiff’s motion is 22 denied without prejudice as improvidently filed in this closed action. 23 IT IS HEREBY ORDERED that plaintiff’s motion (ECF No. 46) is denied without 24 prejudice. 25 Dated: May 14, 2019 26 27 28 /stin0684.dn

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