Polk v. Pittman et al

Filing 126

ORDER granting 125 Motion for documents to comprise the excerpts of record on appeal and directing Clerk of Court to mail copies of excerpts of record on appeal to Plaintiff by 12/4/2017 signed by Magistrate Judge Barbara A. McAuliffe on 11/16/2017. (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SUSAN MAE POLK, 10 Plaintiff, 11 v. 12 PITTMAN, et al., 13 Defendants. 16 17 20 Plaintiff Susan Mae Polk, (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On September 12, 2017, the Court dismissed this action for failure to state a claim. (ECF Nos. 114, 115.) On October 16, 2017, Plaintiff filed a notice of appeal. (ECF No. 120.) 21 22 23 24 On November 13, 2017, Plaintiff filed the instant motion for documents to comprise the excerpts of record on appeal.1 (ECF No. 125.) Pursuant to Ninth Circuit Rule 30-3, Plaintiff requests copies of ECF Nos. 5, 9, 22, 25, 28, 33–34, 37, 47, 49–50, 64–65, 71–77, 80–83, 85, 87– 93, 96–100, 102–119. 25 26 (ECF No. 125) ORDER DIRECTING CLERK OF COURT TO MAIL COPIES OF EXCERPTS OF RECORD ON APPEAL TO PLAINTIFF BY DECEMBER 4, 2017 15 19 Appeal No. 17-17111 ORDER GRANTING MOTION FOR DOCUMENTS TO COMPRISE THE EXCERPTS OF RECORD ON APPEAL 14 18 Case No. 1:11-cv-00728-DAD-BAM (PC) Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for documents to comprise the excerpts of record on appeal, (ECF No. 125) is GRANTED. The Clerk of the Court 27 1 28 To the extent Plaintiff seeks transmittal of the record to the Ninth Circuit Court of Appeals, Plaintiff, as a pro se litigant, is not required to file an excerpt of the record. Circuit Rule 30-1.2. 1 1 is DIRECTED to mail copies of ECF Nos. 5, 9, 22, 25, 28, 33–34, 37, 47, 49–50, 64–65, 71–77, 2 80–83, 85, 87–93, 96–100, 102–119 to Plaintiff at her current address of record by December 4, 3 2017. 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara November 16, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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