Haney v. Saldana, et al

Filing 94

ORDER denying 92 Motion seeking excerpts of records on appeal signed by Magistrate Judge Sheila K. Oberto on 7/18/2011. (Lundstrom, T)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 BRUCE PATRICK HANEY, CASE NO. 1:04-cv-05935-AWI-SKO PC 6 Plaintiff, ORDER DENYING MOTION SEEKING EXCERPTS OF RECORDS ON APPEAL 7 v. 8 (Doc. 92) SALDANA, et al., 9 Defendants. 10 / 11 Plaintiff Bruce Patrick Haney (“Plaintiff”) is a state prisoner who was proceeding pro se and 12 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Following grant of 13 summary judgment and entry of judgment in favor of the defendants on June 16, 2011, Plaintiff filed 14 a notice of appeal on June 23, 2011. 15 On June 30, 2011, Plaintiff filed a motion requesting that copies of various documents in this 16 case be forwarded to the Ninth Circuit Court of Appeals. (Doc. 92.) Plaintiff’s appeal has been 17 processed to the Ninth Circuit. (Doc. 90.) Processing a case for appeal includes a certification of 18 the record in Plaintiff’s action in this Court in compliance with Rule 11 of the Rules of Appellate 19 Procedure. (Doc. 90-2.) The Ninth Circuit Court of Appeals has access to the Court’s entire file in 20 this case and will request any necessary documents that it desires, that are in the record, directly from 21 this Court. 22 Based on the foregoing, Plaintiff’s motion requesting that copies of various documents in this 23 case be forwarded to the Ninth Circuit Court of Appeals, filed June 30, 2011 (Doc. 92), is HEREBY 24 DENIED. 25 IT IS SO ORDERED. 26 27 Dated: ie14hj July 18, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1

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