McCoy v. Kelso, et al.

Filing 122

ORDER STRIKING Plaintiff's Motions 120 , 121 , signed by Magistrate Judge Dennis L. Beck on 11/13/15: The motions are STRICKEN from the record. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH RAYMOND MCCOY,

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Plaintiff,

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vs.
STRONACH, et al.,

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Defendants.

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1:12cv00983 AWI DLB PC
ORDER STRIKING
PLAINTIFF’S MOTIONS
(Documents 120 and 121)

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Plaintiff Joseph Raymond McCoy (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action.

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Plaintiff filed a notice of appeal on October 26, 2015, and the appeal is currently pending
before the Ninth Circuit.

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On November 12, 2015, Plaintiff filed two motions- a motion requesting clarification of a
prior ruling and a motion to include this Court’s “memorandum of law” in the appellate record.

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These motions are the latest in a string of filings questioning this Court’s dismissal. At

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this stage, however, Plaintiff’s pending appeal divests this Court of jurisdiction over issues
involved in the appeal. Stein v. Wood, 127 F.3d 1187, 1189 (9th Cir.1997).
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These motions, either directly or indirectly, continue to question this Court’s rulings. The
motions are therefore STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

November 13, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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