(PC) Mercer v. Matevousian et al, No. 1:2018cv00265 - Document 10 (E.D. Cal. 2018)

Court Description: ORDER DISREGARDING 9 Plaintiff's Further Objections to Findings and Recommendations AS MOOT signed by Magistrate Judge Barbara A. McAuliffe on 7/9/2018. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM MERCER, 12 13 14 Plaintiff, v. MATEVOUSIAN, et al., 15 Case No. 1:18-cv-00265-DAD-BAM (PC) ORDER DISREGARDING PLAINTIFF’S FURTHER OBJECTIONS TO FINDINGS AND RECOMMENDATIONS AS MOOT (ECF No. 9) Defendants. 16 17 Plaintiff William Mercer (“Plaintiff”) is a federal prisoner proceeding pro se in this civil 18 rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 19 U.S. 388 (1971). 20 On June 7, 2018, the Court issued findings and recommendations regarding dismissal of 21 this action, without prejudice, for failure to prosecute this action due to Plaintiff’s failure to 22 submit a completed application to proceed in forma pauperis or to respond to the Court’s orders. 23 (ECF No. 5.) Plaintiff filed objections on June 25, 2018, outlining his attempts to communicate 24 with the Court regarding his transfer to a new institution. (ECF No. 6.) 25 On June 28, 2018, in light of Plaintiff’s objections, the Court issued an order vacating the 26 findings and recommendations and directing Plaintiff to submit, within thirty (30) days, his 27 consent or declination of Magistrate Judge jurisdiction and a completed and signed application to 28 proceed in forma pauperis. (ECF No. 8.) 1 1 Currently before the Court are Plaintiff’s further objections to the Court’s findings and 2 recommendations, filed June 28, 2018. (ECF No. 9.) Plaintiff provided further information 3 regarding his attempts to communicate his change of address to the Court. (Id.) 4 It appears that Plaintiff’s further objections crossed in the mail with the Court’s order 5 vacating the findings and recommendations regarding dismissal of this action. Accordingly, the 6 Court HEREBY DISREGARDS Plaintiff’s further objections, (ECF No. 9), as moot. Plaintiff’s 7 response to the Court’s order re: consent or request for reassignment, and completed application 8 to proceed in forma pauperis, remain due on or before July 31, 2018. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara July 9, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2