Brown v. Pickett et al

Filing 40

ORDER signed by Magistrate Judge Dennis L. Beck on 1/30/2013 denying 37 Motion as moot. (Lundstrom, T)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ALFRED BROWN, 11 Plaintiff, 12 Case No. 1:10-cv-00167-AWI-DLB PC ORDER DENYING PLAINTIFF’S MOTION AS MOOT v. ECF No. 37 13 CHARLES D. PICKETT, et al., 14 Defendants. 15 Plaintiff Alfred Brown (“Plaintiff”) is a prisoner in the custody of the California Department 16 17 of Corrections and Rehabilitation. Plaintiff is proceeding pro se in this civil action pursuant to 42 18 U.S.C. § 1983. This case was dismissed on April 30, 2012 for failure to state a claim. ECF No. 31, 19 32. On May 31, 2012, Plaintiff filed a motion requesting excerpts of records from the docket for 20 purposes of appeal. ECF No. 37. 21 Plaintiff filed a notice of appeal on May 16, 2012. On July 23, 2012, the United States Court 22 of Appeals for the Ninth Circuit dismissed the appeal for failure to respond. Accordingly, Plaintiff’s 23 motion is HEREBY ORDERED denied. 24 25 IT IS SO ORDERED. Dated: 26 27 28 /s/ Dennis January 30, 2013 L. Beck UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 3b142a 1

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