Clingman

(PC) Benton v. Clingman

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20232:22-cv-02275California534 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRUCE MILES BENTON Case No. 2:22-cv-02275-JDP (PC) Plaintiff, v. ORDER CLINGMAN, Defendant. 16 17 On March 28, 2023, I screened plaintiff’s complaint and notified him that it appeared to be barred by the statute of limitations since the claims as alleged appear to have accrued in 2014. The complaint also demonstrated that plaintiff was attempting to relitigate claims already litigated in another action in this district, which it seems he accidently dismissed. See ECF No. 1 at 5-7; Benton v. El Dorado Cnty. Sheriff’s Dep’t, 2:15-cv-00772-TLN-AC (“15cv772”). I informed plaintiff that he cannot resume litigation of that previous case in this new case. I also granted him the opportunity to amend his complaint and to explain why it should proceed. ECF No. 11. Instead of filing an amended complaint, plaintiff has filed four motions for extension of time, six motions for appointment of counsel, and the instant motion to stay…

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