Ahkeem Williams v. Pedriero et al

Filing 119

ORDER Addressing 118 Letter signed by Magistrate Judge Sheila K. Oberto on 01/30/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AHKEEM WILLIAMS,
Plaintiff,

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v.

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ORDER ADDRESSING LETTER
(Doc. 118)

KIM PEDRIERO, et al.,

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Case No. 1:12-cv-00606-SKO (PC)

Defendants.
_____________________________________/

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This case was dismissed, with prejudice, on October 17, 2014, and Plaintiff Akheem

17 Williams’ motion for reconsideration was denied, with prejudice, on October 27, 2014. On
18 January 26, 2015, the Clerk’s Office received a letter from Plaintiff regarding the status of his
19 notice of appeal. The Clerk’s Office was directed to file the letter so that the Court could address
20 Plaintiff’s inquiry regarding his appeal.
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At no time has the Court received a notice of appeal to the United States Court of Appeals

22 for the Ninth Circuit from Plaintiff.
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A letter sent by Plaintiff to a judge in the Sacramento Division of the Eastern District of

24 California was forwarded to the Fresno Division Clerk’s Office and brought to the Court’s
25 attention. In as much as that letter was addressed directly to a Sacramento Division judge and it
26 requested he review the decisions made in this case, the letter was returned to Plaintiff by the
27 Clerk’s Office. To the extent that Plaintiff’s accusation regarding mail tampering, presumably
28 directed at Kings County Jail staff, refers to this letter, the letter was an attempt to communicate ex

1 parte with a judge in the Sacramento Division. Ex parte letters to judges are wholly improper, and
2 such letters are rejected and returned to the litigant. Under no circumstance is any redress
3 available to Plaintiff from a judge in the Sacramento Division nor does an improper ex parte letter
4 to a judge in Sacramento constitute a notice of appeal to the Ninth Circuit.
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Accordingly, by this order, Plaintiff’s letter is DEEMED ADDRESSED in its entirety.

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IT IS SO ORDERED.
Dated:

January 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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