Shepard v. Tilton et al
ORDER signed by Magistrate Judge Dennis L. Beck on 1/7/2013 denying 67 Motion to withdraw notice of appeal as moot. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
R. PEREZ, et al.,
Case No. 1:10-cv-00023-DLB PC
ORDER DENYING MOTION TO
WITHDRAW NOTICE OF APPEAL AS
ECF No. 67
Plaintiff Lamont Shepard (“Plaintiff”) is a California state prisoner proceeding pro se and in
forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on
Plaintiff's complaint, filed January 6, 2010, against Defendants L. A. Martinez, R. Perez, P. Garcia,
J. Soto, E. De la Cruz, and A. Trevino for excessive force in violation of the Eighth Amendment.
On October 25, 2012, Plaintiff filed a notice of appeal. On November 15, 2012, Plaintiff filed a
motion to withdraw his notice of appeal. ECF No. 67. On November 30, 2012, the United States
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
appeal, filed November 15, 2012, is denied as moot.
IT IS SO ORDERED.
January 7, 2013
UNITED STATES MAGISTRATE JUDGE
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