Bruce v. Woodford, et al.
Filing
107
ORDER Granting Plaintiff's 102 Motion for Copy of Docket and Denying Defendants' 106 Request for Entry of Order and Judgment signed by Magistrate Judge Sandra M. Snyder on 08/09/2011. (Flores, E)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
VINCENT C. BRUCE,
10
11
12
CASE NO. 1:07-cv-00269-AWI-SMS PC
Plaintiff,
ORDER GRANTING PLAINTIFF’S MOTION
FOR COPY OF DOCKET AND DENYING
DEFENDANTS’ REQUEST FOR ENTRY OF
ORDER AND JUDGMENT
v.
JEANNE WOODFORD, et al.,
(ECF Nos. 102, 106)
13
Defendants.
/
14
15
Plaintiff Vincent C. Bruce (“Plaintiff”) is a state prisoner proceeding pro se in this civil
16
rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Ward,
17
Fulks, Fields, Schottgen, Tripp, Lloren, Frauenheim, Wan, Clark, Hense, and Adams. On August
18
2, 2010, findings and recommendations issued recommending that Defendants’ motion to dismiss
19
be granted. (ECF No. 77.) On September 8, 2010, findings and recommendations issued
20
recommending that Plaintiff’s request for preliminary injunctive relief be denied. (ECF No. 84.)
21
On September 21, 2010, findings and recommendations issued recommending that Defendant
22
Sanchez be dismissed for failure to effect service of process. (ECF No. 88.) On December 15,
23
2010, orders issued adopting the findings and recommendations denying injunctive relief and
24
dismissing Defendant Sanchez from the action. (ECF Nos. 93, 94.) On January 19, 2011, Plaintiff
25
filed a notice of appeal of the final judgment entered in this action. (ECF No. 97.) Plaintiff filed a
26
request for a copy of the docket and the order adopting the findings and recommendations dismissing
27
this action on February 22, 2011, and Defendants filed a request for entry of order and judgment on
28
August 8, 2011. (ECF Nos. 102, 106.)
1
1
Once Plaintiff filed a notice of appeal the district court was divested of jurisdiction and an
2
order adopting the findings and recommendations recommending dismissal of this action has not
3
been entered. National Ass’n of Home Builders v. Norton, 325 F.3d 1165, 1167 (9th Cir. 2003).
4
Accordingly, it is HEREBY ORDERED that:
5
1.
Plaintiff’s motion for a copy of the docket is GRANTED and the Clerk of the Court
is directed to mail a copy of the docket to Plaintiff; and
6
2.
7
Defendants request for entry of order and judgment is DENIED pending the
resolution of Plaintiff’s appeal.
8
9
10
IT IS SO ORDERED.
11
Dated:
icido3
August 9, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?