(PC) Thompson v. Lopez

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DEWAYNE THOMPSON, Case No. 1:24-cv-00252-KES-EPG (PC) 11 Plaintiff, ORDER DENYING PLAINTIFF’S EX PARTE MOTION TO DISREGARD NON-PARTY 12 v. FILING AND ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE 13 LOPEZ, et al., IMPOSED ON NON-PARTY FOR ABUSIVE LITIGATION 14 Defendants. (ECF No. 19) 15

16 17 Plaintiff DeWayne Thompson is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 Before the Court is Plaintiff’s ex parte motion to disregard a non-party filing and order to show cause why sanctions should not be imposed on a non-party for abusive litigation. (ECF No. 20 19). Plaintiff’s motion states as follows: 21 Plaintiff, in pro se, on December 4, 2024, received notice from this court of 22 pleadings and correspondence to this court by Durrell Anthony Puckett (G05549) who is apparently by California Department and Corrections Rehabilitation 23 (CDCR) identification number is an inmate within the CDCR system and of whom 24 is impersonating Plaintiff by filing fraudulent amended pleadings and contract negotiations in above entitled case. For which, Plaintiff moves this Court to 25 disregard any filings in this case by non parties unless authorized and stipulated to by Plaintiff in accordance to appropriate law. Furthermore, Plaintiff moves this 26 Court to exercise its inherent powers to impose sanctions on Durrell Anthony 27 Puckett, CDCR no. G05549, for abusive litigation (see Corder v. Howard Johnson & Co. 53 F.3d 225, 232 (9th Cir. 1994), In re Rainbow Magazine, Inc. 77 F.3d 28 278, 287 (9th Cir. 1996), Hummell V.E. RK Off & Co, 634 F.2d 446, 452-53 (9th 1 Cir. 1980). 2 | Ud. at 1). On November 25, 2024, the Court received a filing by Durrell Anthony Puckett on 3 | behalf of Plaintiff, which was rejected. Accordingly, the Court has already disregarded the filing 4 | that was improperly submitted to the Court. 5 Plaintiffs motion will therefore be DENIED as moot. 6 7 IT IS SO ORDERED.

| Dated: _ December 13, 2024 Fahey — 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28