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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 LAMONT SHEPARD, 7 Plaintiff, 8 9 v. R. PEREZ, et al., 10 Case No. 1:10-cv-00023-DLB PC ORDER DENYING MOTION TO WITHDRAW NOTICE OF APPEAL AS MOOT ECF No. 67 Defendants. 11 Plaintiff Lamont Shepard (“Plaintiff”) is a California state prisoner proceeding pro se and in 12 13 forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on 14 Plaintiff's complaint, filed January 6, 2010, against Defendants L. A. Martinez, R. Perez, P. Garcia, 15 J. Soto, E. De la Cruz, and A. Trevino for excessive force in violation of the Eighth Amendment. 16 On October 25, 2012, Plaintiff filed a notice of appeal. On November 15, 2012, Plaintiff filed a 17 motion to withdraw his notice of appeal. ECF No. 67. On November 30, 2012, the United States 18 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 19 20 appeal, filed November 15, 2012, is denied as moot. 21 22 23 IT IS SO ORDERED. Dated: 24 25 26 /s/ Dennis January 7, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 77e0d6 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?