Robert W. Washington v. D. G. Adams

Filing 57

ORDER denying as moot 46 MOTION TO ABROGATE NOTICE OF APPEAL signed by Magistrate Judge Jennifer L. Thurston on 2/9/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT W. WASHINGTON,

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Petitioner,

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v.
D. G. ADAMS, Warden,

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Respondents.

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Case No.: 1:09-cv-01801-AWI-JLT
ORDER DENYING AS MOOT PETITIONER’S
MOTION TO ABROGATE NOTICE OF APPEAL
(Doc. 46)

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In this action, the petition was filed on October 1, 2009. (Doc. 1). On February 27, 2013, the

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Magistrate Judge assigned to the case issued Findings and Recommendations to dismiss the petition.

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(Doc. 40). On March 18, 2013, Petitioner filed a notice of appeal. (Doc. 42). The Findings and

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Recommendations were adopted on March 22, 2013 (Doc. 44) and the Court entered judgment on that

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same date. (Doc. 45).

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On March 27, 2013, Petitioner filed his motion to abrogate the notice of appeal since it was

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premature. (Doc. 46). Subsequently, Petitioner pursued an appeal in the Ninth Circuit, which, on

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November 12, 2015, affirmed the Court’s dismissal. (Doc. 55). Apparently, due to an administrative

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error, the motion to abrogate is still pending, despite the fact that the case is closed and the appeal has

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been concluded.

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ORDER

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For the foregoing reasons, the Court ORDERS Petitioner’s motion to abrogate the notice of
appeal (Doc. 46), is DENIED as MOOT.

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IT IS SO ORDERED.
Dated:

February 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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