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Bartley S. Backus v. State of California

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 14, 2011

BARTLEY S. BACKUS, PLAINTIFF,
v.
STATE OF CALIFORNIA, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

On June 29, 2011, the undersigned granted plaintiff's application to proceed in forma pauperis ("IFP"). (Dkt. No. 3.) At that time, the undersigned also screened plaintiff's pleading and, through Findings and Recommendations, recommended that plaintiff's case be dismissed with prejudice on grounds of Eleventh Amendment immunity. (Dkt. No. 3.)*fn1 On November 14, 2011, District Judge John A. Mendez adopted the undersigned's proposed Findings and Recommendations in full, and dismissed plaintiff's action with prejudice. (Dkt. No. 23.) The Clerk of the Court entered judgment the same day. (Dkt. No. 24.)

A review of the court's docket reflects that several motions were pending at the time judgment was entered in this case: plaintiff's "Motion for an Order to Arrest and Prosecute David Lawicka" (Dkt. No. 15), defendant State of California's "Motion to Dismiss" (Dkt. No.

19), and plaintiff's "Motion" requesting that the United States Marshal's Service "serve subpoenas" (Dkt. No. 22). Because judgment has been entered and because the case is now closed (Dkt. Nos. 23-24), the above-listed motions are denied as moot, and any pending hearing dates in this case are vacated.

Accordingly, IT IS HEREBY ORDERED that: 1. Given the entry of judgment in this case, the above-listed motions on the court's electronic docket (Dkt Nos. 15, 19, and 22) are denied as moot.

2. The Clerk of the Court is directed to vacate all dates in this case.

IT IS SO ORDERED.


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