Washington v. Adams et al

Filing 39

ORDER striking 36 Motion for Voluntary Dismissal of Appeal signed by Magistrate Judge Sheila K. Oberto on 8/25/2011. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER N. WASHINGTON,

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CASE NO. 1:09-cv-01666-SKO PC

Plaintiff,

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ORDER STRIKING MOTION FOR
VOLUNTARY DISMISSAL OF APPEAL

v.
(Doc. 36)

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DERRAL G. ADAMS,

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Defendant.

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On August 10, 2011, Plaintiff Christopher N. Washington, a state prisoner proceeding pro
se, filed a motion seeking dismissal of his appeal. Fed. R. App. 42(b).

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With limited exceptions not applicable here, the district court neither functions as the clerk’s

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office for the appellate court nor has jurisdiction to grant relief pertaining to a pending appeal.

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Motions seeking relief from the appellate court should be filed with that court.

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Accordingly, Plaintiff’s motion for voluntary dismissal of his appeal, filed in error in this
action, is HEREBY ORDERED STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
ie14hj

August 25, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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