Braley v. Wasco State Prison, et al

Filing 130

ORDER DENYING Plaintiff's Motion for Time Schedule Order as Moot 126 , signed by Magistrate Judge Barbara A. McAuliffe on 5/22/14: All future motions concerning Plaintiff's appeal should be filed with the US Court of Appeals for the Ninth Circuit. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS D. BRALEY,

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Plaintiff,

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v.
WASCO STATE PRISON, et al.,

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Defendants.

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Case No.: 1:07-cv-01423-AWI-BAM PC
ORDER DENYING PLAINTIFF’S MOTION FOR
TIME SCHEDULE ORDER AS MOOT
(ECF No. 126)

Plaintiff Thomas D. Braley (“Plaintiff”), a state prisoner, proceeded pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. This matter is currently on appeal. On May 7, 2014, Plaintiff

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filed the instant motion requesting a time schedule order, appellant’s informal brief and an extension

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of time in his appellate matter. (ECF No. 126.) Plaintiff’s request shall be denied as moot.
As an initial matter, all motions concerning Plaintiff’s appeal should be filed with the Ninth

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Circuit Court of Appeals. This Court does not issue briefing schedules or any other relief for appellate

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matters pending in the Ninth Circuit. Further, on May 13, 2014, the Ninth Circuit Court of Appeals

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issued an order indicating that Plaintiff’s appeal would be permitted to proceed and that the Clerk for

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the Ninth Circuit would open a docket and would establish a briefing schedule for the appeal. (ECF

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No. 128.) As such, the Ninth Circuit Court of Appeals will be issuing a briefing schedule in this

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matter.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for a briefing schedule, a

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copy of appellant’s informal brief and an extension of time is DENIED as moot. All future motions

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concerning Plaintiff’s appeal should be filed with the United States Court of Appeals for the Ninth

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Circuit.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 22, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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