Burgess v. eBay, Inc. et al

Filing 61

ORDER by Judge ARMSTRONG terminating 31 Motion ; granting 33 Motion for Extension of Time to File; granting 37 Motion for Leave to File (lrc, COURT STAFF) (Filed on 11/21/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ALBERT C. BURGESS, JR.,
Plaintiff,

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No. C 11-01898 SBA (PR)
ORDER REGARDING PENDING
MOTIONS

v.

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EBAY, INC., et al.,

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Docket Nos. 31, 33 and 37

Defendants.
________________________________/

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United States District Court
For the Northern District of California

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This is a pro se civil rights complaint filed by Plaintiff Albert C. Burgess, Jr., an
inmate incarcerated in the Low Security Correctional Institution in Butner, North Carolina.1
Several motions are now pending before the Court.
On April 4, 2012, Defendant Danny L Durham filed a motion for permission for
electronic case filing. (Dkt. no. 31.) This motion is granted. This action has been
designated as an e-filing case. If Mr. Durham has not already done so, he should consult the
court's public website, www.cand.uscourts.gov, click on the "ECF" link, and register himself
if he has the necessary computer and internet access equipment. Because this case is
designated as an e-filing case, all documents (orders and motions) will be served on Mr.
Durham only electronically (and no paper copy will be sent to him) and all his documents
must be filed electronically.
On April 9, 2012, Plaintiff moved for an additional fifteen days in which to serve a
subpoena on Visa, the only Defendant that had not been served. (Dkt. no. 33.) This motion
is granted.
On April 30, 2012, Plaintiff moved for leave to file an amended complaint. (Dkt. no.

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In his amended complaint, Plaintiff indicates that, after a ten month incarceration, the
state dropped the charges against him. Thus, Plaintiff presently may not be incarcerated.
26 However, the return address on Plaintiff’s amended complaint indicates that he is still in prison.
Also, Plaintiff has not informed the Court of a change in address, as he must do under Civil
27 Local Rule 3-11(a) (party proceeding pro se whose address changes while an action is pending,
must promptly file with the Court and serve upon all opposing parties a Notice of Change of
28 Address specifying the new address).
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37.) Plaintiff indicated he only wished to correct the names of two Defendants. This motion

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is granted.

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Also pending are Defendants’ motions to dismiss. These motions shall be addressed
in a separate order.
This Order terminates Docket nos. 31, 33 and 37.

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IT IS SO ORDERED.
DATED:

11/20/12

SAUNDRA BROWN ARMSTRONG
United States District Judge

United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ALBERT C. BURGESS, JR.,

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Case Number: CV11-01898 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
EBAY INC. et al,
Defendant.

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United States District Court
For the 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 November 21, 2012, 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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Albert C. Burgess 88539-071
Low Security Correctional Institution
P.O. Box 999
Butner, NC 27509
Danny L Durham
2350 Washington Road
Augusta, GA 30904

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Dated: November 21, 2012
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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L:\PRO-SE\SBA\CR.11\Burgess v EBay1898 3 Motions..wpd

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