Brown v. Kyle, et al

Filing 148

ORDER DENYING 145 Motion for Designation and Transmission of Excerpts of the Record signed by Senior Judge Anthony W. Ishii on 11/6/2012. (Sant Agata, S)

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1 2 3 IN THE UNITED STATES DISTRICT COURT FOR THE 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ) ) Plaintiff, ) ) v. ) ) DAVID KYLE, et al., ) ) Defendants. ) ) ) ) ____________________________________) ALFRED BROWN, 7 8 9 10 11 12 1:04-cv-6539 AWI SKO PC ORDER DENYING MOTION FOR DESIGNATION AND TRANSMISSION OF EXCERPTS OF THE RECORD (Doc. 145) 13 14 15 On October 4, 2012, following a two-day trial, the jury returned a verdict in favor of 16 Defendants Kyle and Domingo on Plaintiff’s claims brought pursuant to 42 U.S.C. § 1983, and 17 judgment was entered in accordance on October 5, 2012. On November 1, 2012, Plaintiff Alfred 18 Brown, a state prisoner proceeding pro se and in forma pauperis, filed a notice of appeal and 19 what the Court construes to be a motion to designate and transmit certain excerpts of the record 20 in support of the appeal. Fed. R. App. P. 10(a); Circuit Rule 30-1.2. 21 Pursuant to the Ninth Circuit Rule 30-1.2, pro se litigants are not required to file excerpts 22 of the record, and Plaintiff’s motion is DENIED on that ground. To the extent Plaintiff intended 23 to seek additional and/or different relief not clear from the face of his motion, the denial is 24 without prejudice to renewal. 25 IT IS SO ORDERED. 26 27 28 Dated: 0m8i78 November 6, 2012 UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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