Wilson, Jr. v. Muniz

Filing 42

ORDER DENYING PLAINTIFF'S MOTIONS TO INTERPLEAD AND FOR PROMISSORY NOTE. Signed by Magistrate Judge Jacqueline Scott Corley on 7/25/2017. (ahm, COURT STAFF) (Filed on 7/25/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK WILSON, JR.,
Plaintiff,

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United States District Court
Northern District of California

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Case No.16-cv-03366-JSC

v.
WILLIAM L. MUNIZ,
Defendant.

ORDER DENYING PLAINTIFF'S
MOTIONS TO INTERPLEAD
AND FOR PROMISSORY NOTE
Re: Dkt. Nos. 39, 41

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Plaintiff is a California prisoner proceeding pro se who filed this civil rights case under 42

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U.S.C. § 1983. Plaintiff’s motion for summary judgment and Defendant’s motion for judgment on

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the pleadings are under submission. Plaintiff has filed a motion to interplead “Defendant(s)” in

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which he moves for “Defendant(s) to be Ordered to Interplead and Settle among themselves their

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rights” to his prison trust account. This request does not make sense in the context of this case in

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which there is only one Defendant. In addition, Plaintiff appears to believe that this request is

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necessary in light of contradictions between his summary judgment papers and Defendant’s

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waiver of reply. It is not. Disputes between Plaintiff and Defendant will be ruled upon when the

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summary judgment and motion for judgment on the pleadings are resolved. Plaintiff has also filed

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a motion for the Clerk of Court to pay a promissory note for an “appearance bond” to ensure his

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appearance in court. There is no authority or necessity to require the Clerk do so. Plaintiff’s

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motions are DENIED.

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This Order disposes of Docket Nos. 39 and 41.

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IT IS SO ORDERED.

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Dated: July 25, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK WILSON, JR.,

Case No. 16-cv-03366-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WILLIAM L. MUNIZ,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on July 25, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Frederick Wilson, Jr. ID: Prisoner F-29297
California Correctional Institution
P.O. Box 1906
Tehachapi, CA 93581-1906

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Dated: July 25, 2017

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Susan Y. Soong
Clerk, United States District Court
By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY

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