Herd v. Hartley, et al

Filing 34

ORDER Denying Plaintiff's 33 Motion for Order of Record on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 12/16/14. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT HERD,

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Plaintiff,

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v.
JAMES D. HARTLEY, et al.,

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Defendants.

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Case No.: 1:12-cv-01674-AWI-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
ORDER OF RECORD ON APPEAL
(ECF No. 33)

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On December 11, 2014, Plaintiff Scott Herd, a state prisoner who was proceeding pro se and in

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forma pauperis in this civil rights action, filed a motion that appears to seek transmittal of the record to

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the Ninth Circuit Court of Appeals. Fed. R. App. P. 10(a).

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Pursuant to the Ninth Circuit Rules, Plaintiff, as a pro se litigant, is not required to file an

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excerpt of the record. Circuit Rule 30-1.2. Further, to the extent Plaintiff is attempting to order a

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transcript, this request is unnecessary. Fed. R. App. P. 10(b)(1). No proceedings in this action were

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transcribed. Plaintiff’s motion is therefore DENIED.1

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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

December 16, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Plaintiff is not prevented from requesting copies of the excerpts of record pursuant to Ninth Circuit Rule 30-3.

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