Gil v. Yates et al

Filing 110

ORDER DENYING Plaintiff's Request for Transmittal of Transcripts to Ninth Circuit; ORDER GRANTING Plaintiff's Request for Excerpts of Record 109 , signed by Magistrate Judge Dennis L. Beck on 2/28/14: The Clerk's Office shall serve a courtesy copy of this order on 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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FRANCISCO GIL,

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Plaintiff,
v.

Case No. 1:09-cv-00917 LJO-DLB PC
ORDER DENYING PLAINTIFF’S REQUEST
FOR TRANSMITTAL OF TRANSCRIPTS TO
NINTH CIRCUIT
ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXCERPTS OF RECORD

YATES, et al.,
Defendants.

(Document 109)
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Plaintiff Francisco Gil (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action on May 26, 2009. The action is currently on appeal to the Ninth Circuit

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Court of Appeals.

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On February 27, 2014, Plaintiff filed request that the Court send a copy of the most of the

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documents filed in this action to the Ninth Circuit. However, pursuant to the Ninth Circuit Rules,

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Plaintiff, as a pro se litigant, is not required to file an excerpt of the record. Circuit Rule 30-1.2.

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Plaintiff’s motion is to transmit records to the Ninth Circuit is therefore DENIED.

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In the same motion, Plaintiff requests that a copy of the transcript be sent to him. Pursuant to

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Circuit Rule 30-3, prisoners proceeding pro se are entitled to excerpts of record upon request to the

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district court and his request is therefore GRANTED. Pursuant to Circuit Rule 17-1.4, excerpts of

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record for this action are the docket sheet, the Findings and Recommendations regarding

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Defendants’ Motion for Summary Judgment (Document 92) and the Court’s Order adopting the
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Findings and Recommendations (Document 103).

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Accordingly, the Court HEREBY ORDERS as follows:

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1.

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Insofar as Plaintiff requests that transcripts be sent to the Ninth Circuit Court of

Appeals, his request is DENIED;

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2.

Plaintiff’s request for excerpts of record is GRANTED; and

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3.

The Clerk’s Office shall provide Plaintiff with a copy of the docket and copies of the

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following documents: Findings and Recommendations regarding Defendants’ Motion for Summary

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Judgment (Document 92) and the Court’s Order adopting the Findings and Recommendation

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(Document 103);

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4.

The Clerk’s Office shall serve a courtesy copy of this order on the Ninth Circuit.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

February 28, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

9b0hied

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