Polk v. Pittman et al

Filing 61

ORDER Denying Request For Copy Of Court Docket To Prepare Designation Of Record For Appeal (ECF No. 55 ), signed by Magistrate Judge Barbara A. McAuliffe on 1/22/2013. (Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

SUSAN MAE POLK,

10

CASE NO. 1:11-cv-00728-AWI-BAM PC
Plaintiff,

11

v.

12

ORDER DENYING REQUEST FOR COPY OF
COURT DOCKET TO PREPARE
DESIGNATION OF RECORD FOR APPEAL

PITTMAN, et al.,

13

(ECF No. 55.)
Defendants.
/

14
15

Plaintiff Susan Mae Polk (“Plaintiff”) is a state prisoner proceeding pro se and in forma

16

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 26, 2012, Plaintiff

17

filed a notice of interlocutory appeal. (ECF No. 54.) Plaintiff also filed the instant motion for a copy

18

of the court docket to prepare the designation of record for her appeal. (ECF No. 55.)

19

Plaintiff’s request is moot. On December 27, 2012, the Clerk of the Court processed the

20

interlocutory appeal and issued a certificate of record. The certificate clearly states that the record

21

in this case is available and will be transmitted to the Ninth Circuit upon the direction of the Clerk

22

of the Court of Appeals. (ECF No. 56-2.) Accordingly, it is not necessary for Plaintiff to designate

23

the record for appeal. Further, Plaintiff submitted an apparent designation of record on January 11,

24

2013. (ECF No. 58.) Accordingly, Plaintiff’s request for a copy of the court docket to prepare a

25

designation of the record for appeal is DENIED as moot.

26
27

IT IS SO ORDERED.
Dated:
10c20k

January 22, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

28
1