Barnett v. Norman, et al.

Filing 307

ORDER GRANTING 306 Plaintiff's Motion to Withdraw the Rule 59 Motion in the District Court signed by Magistrate Judge Barbara A. McAuliffe on 5/9/2013. Motion 295 is WITHDRAWN. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,

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Plaintiff,

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v.
MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM PC
ORDER GRANTING PLAINTIFF’S MOTION TO
WITHDRAW THE RULE 59 MOTION IN THE
DISTRICT COURT
(ECF No. 306)

Plaintiff Troas V. Barnett (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this action. On January 22, 2013, a jury trial was held in this matter against Defendants

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Martin Gamboa, Angel Duran and Manuel Torres (“Defendants”). On January 24, 2013, the jury

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rendered a special verdict in favor of the Defendants, and judgment was entered in their favor on

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January 30, 2013. (ECF Nos. 287, 289.)

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On February 6, 2013, Plaintiff filed a notice of appeal, which was processed to the Ninth

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Circuit Court of Appeals. (ECF Nos. 290, 292.) Thereafter, on February 11, 2013, Plaintiff moved

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for a new trial pursuant to Federal Rule of Civil Procedure 59. (ECF No. 295.) Defendants filed an

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opposition to the motion for new trial on February 25, 2013. (ECF No. 298.) Plaintiff replied on

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March 8, 2013. (ECF No. 301.)

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On April 11, 2013, during the pendency of Plaintiff’s motion for a new trial, the Ninth Circuit
Court of Appeals issued an order indicating that Plaintiff’s appellate proceedings would be held in
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abeyance pending the district court’s resolution of Plaintiff’s motion for a new trial. (ECF No. 305.)

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Following the Ninth Circuit’s order, Plaintiff filed the instant motion to withdraw his Rule 59 motion

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on April 22, 2013.
Plaintiff’s motion to withdraw his Rule 59 motion is GRANTED. The Clerk of the Court is

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therefore directed to terminate Plaintiff’s Rule 59 motion filed on February 11, 2013.

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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

May 9, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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A. McAuliffe

10c20kb8554

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