Thomas v. Ogbehi et al

Filing 12

ORDER REGARDING Plaintiff's 9 Motion for Cases to be Transferred on Appeal signed by Magistrate Judge Dennis L. Beck on 9/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSH THOMAS,

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Plaintiff,

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v.
C. OGBEHI, et al.,

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Case No. 1:15-cv-01059-LJO-DLB PC
ORDER REGARDING PLAINTIFF’S
MOTION FOR CASES TO BE
TRANSFERRED ON APPEAL
(Document 9)

Defendants.

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Plaintiff Josh Thomas (“Plaintiff”) is a California state prisoner proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on July 10, 2015. On July 14, 2015,

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the Court dismissed the action without prejudice to refiling accompanied by the filing fee.

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Plaintiff filed a notice of appeal on September 14, 2015.

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Also on September 14, 2015, Plaintiff filed a motion for cases to be “transferred” on appeal.

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Plaintiff believes that his prior cases were dismissed in error, and that he actually stated a claim for

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relief. He contends that these dismissals are part of the record on appeal. While this Court’s

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determination of whether the prior actions were strikes is an issue, the validity of the prior dismissals

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is not.

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In any event, the orders dismissing Plaintiff’s prior actions are available to the Ninth Circuit
through this Court’s electronic filing system. Plaintiff’s motion is therefore DENIED AS MOOT.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

September 16, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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