Barry Lamon v. Tilton et al
Filing
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ORDER Denying Plaintiff's Motion for Evidentiary Hearing on Related Cases 25 , signed by Chief Judge Anthony W. Ishii on 6/10/11. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BARRY LAMON,
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CASE NO. 1:09-cv-00157-AWI-SKO PC
Plaintiff,
ORDER DENYING PLAINTIFF’S
MOTION FOR EVIDENTIARY
HEARING ON RELATED CASES
v.
JOHN TILTON, et al.,
(Doc. 25)
Defendants.
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Plaintiff Barry Lamon, a state prisoner proceeding pro se and in forma pauperis, filed this
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civil rights action pursuant to 42 U.S.C. § 1983 on January 26, 2009. This action is proceeding
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against Defendant Birkholm for violation of the First Amendment and Defendants Birkholm,
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Mayugba, and Schutt for violation of the Eighth Amendment.
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On June 7, 2011, Plaintiff filed a motion seeking a hearing so that he may show cause
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regarding related claims raised in separate actions. Plaintiff seeks an evidentiary hearing to sort out
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the potentially duplicative claims in his civil actions and he cites to 28 U.S.C. § 1651 (the All Writs
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Act) and Local Rule 123(a) as authority for his motion.
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The All Writs Act authorizes the issuance of extraordinary writs in aid of the issuing court’s
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jurisdiction. Clinton v. Goldsmith, 526 U.S. 529, 534, 119 S.Ct. 1538 (1999) (quotations omitted).
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Plaintiff’s reliance on the All Writs Act in support of his request for an evidentiary hearing is
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misplaced and his citation to the Act is disregarded.
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Plaintiff is responsible for keeping track of his pending cases and there is no provision that
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entitles Plaintiff to a general evidentiary hearing to address the issue of duplicative claims in his
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pending actions. While Plaintiff’s motion was apparently motivated by the issuance of an order to
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show cause regarding the presence of duplicative claims in case numbers 1:07-cv-01390-LJO-GBC
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PC Lamon v. Adams and 1:07-cv-000493-AWI-DLB PC Lamon v. Tilton, the issue is presently
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confined to those cases and if Plaintiff wishes to be heard, he must address the issue in the case in
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which it was raised, which is 1:07-cv-01390-LJO-GBC PC.1 Accordingly, Plaintiff’s motion is
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HEREBY DENIED.
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IT IS SO ORDERED.
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Dated:
0m8i78
June 10, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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On June 7, 2011, Judge Cohn recommended dismissal of case number 1:07-cv-01390-LJO-GBC PC on res
judicata grounds. Any disagreement with that determination must be raised in that case.
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