Van Buren v. Waddle et al
Filing
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ORDER DENYING AS MOOT 72 Plaintiff's Motion to Withdraw Notice of Appeal signed by Magistrate Judge Michael J. Seng on 1/17/2017. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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IRVIN VAN BUREN,
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CASE NO. 1:14-cv-01894-DAD-MJS (PC)
Plaintiff,
ORDER DENYING AS MOOT
PLAINTIFF’S MOTION TO WITHDRAW
NOTICE OF APPEAL
v.
C. WADDLE, et al.,
(ECF No. 72)
Defendants.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The case proceeds on Plaintiff’s first
amended complaint (“FAC”) against Defendants Neibert, Ronquillo, and Walinga for
excessive force under the Eighth Amendment and against Defendant Waddle for
excessive force and failure to protect under the Eighth Amendment. (ECF No. 7.)
Pursuant to an order dated October 11, 2016, Defendant Lesniak was terminated
from the case. (ECF No. 63.) On November 7, 2016, Plaintiff filed a notice of appeal of
the Court’s order. (ECF No. 69.) Now pending before the Court is Plaintiff’s November
30, 2016 motion to withdraw his notice of appeal as premature. (ECF No. 72.)
However, on December 14, 2016, the Ninth Circuit Court of Appeals dismissed
Plaintiff’s appeal for lack of jurisdiction. (ECF No. 73.) Judgment was entered on January
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6, 2017. (ECF No. 75.) Accordingly, IT IS HEREBY ORDERED that Plaintiff’s instant
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motion to withdraw his appeal is DENIED as moot.
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IT IS SO ORDERED.
Dated:
January 17, 2017
/s/
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UNITED STATES MAGISTRATE JUDGE
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Michael J. Seng
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