Shepard v. Tilton et al

Filing 71

ORDER signed by Magistrate Judge Dennis L. Beck on 1/7/2013 denying 67 Motion to withdraw notice of appeal as moot. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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v.
R. PEREZ, et al.,

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Case No. 1:10-cv-00023-DLB PC
ORDER DENYING MOTION TO
WITHDRAW NOTICE OF APPEAL AS
MOOT
ECF No. 67

Defendants.

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Plaintiff Lamont Shepard (“Plaintiff”) is a California state prisoner proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff's complaint, filed January 6, 2010, against Defendants L. A. Martinez, R. Perez, P. Garcia,

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J. Soto, E. De la Cruz, and A. Trevino for excessive force in violation of the Eighth Amendment.

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On October 25, 2012, Plaintiff filed a notice of appeal. On November 15, 2012, Plaintiff filed a

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motion to withdraw his notice of appeal. ECF No. 67. On November 30, 2012, the United States

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Court of Appeals for the Ninth Circuit denied Plaintiff’s appeal for lack of jurisdiction.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to withdraw his notice of

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appeal, filed November 15, 2012, is denied as moot.

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IT IS SO ORDERED.
Dated:

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/s/ Dennis

January 7, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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