Cates

(PC) Simmons v. Cates

Good Law
United States District Court, Eastern District of CaliforniaAugust 9, 20231:23-cv-00856California1,657 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN JOSEPH SIMMONS, 1:23-cv-00856-JLT-GSA-PC

ORDER ADDRESSING PLAINTIFF’S Plaintiff, MOTION FILED JULY 28, 2023 13 vs. (ECF No. 11.) 14 CATES, et al., 15 Defendants.

17 I. BACKGROUND Melvin Joseph Simmons (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On June 5, 2023, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On July 28, 2023, Plaintiff brought a motion which is at best confusing, rambling, and virtually unintelligible. (ECF No. 11.) Plaintiff appears to be requesting damages, and perhaps recusal, against both District Judge Jennifer L. Thurston and the undersigned, apparently because the undersigned filed a Finding and Recommendation (F&R) on June 7, 2023, recommending that Plaintiff be denied leave to proceed in forma pauperis and be ordered to pay the full filing fee, of which Plaintiff did on June 29, 2023. (Clerk’s entry.) Thereafter, on…

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