Cochran v. Aguirre, et al.
Filing
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ORDER denying as moot Plaintiff's 105 Motion to certify order, 109 Motion for certificate of appealability and 111 Motion to proceed IFP signed by Magistrate Judge Stanley A. Boone on 8/28/2017. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILLY COY COCHRAN,
Plaintiff,
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v.
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E. AGUIRRE,
Defendant.
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Case No.: 1:15-cv-01092-AWI-SAB (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION TO CERTIFY ORDER, MOTION FOR
CERTIFICATE OF APPEALABILITY, AND
MOTION TO PROCEED IN FORMA PAUPERIS
[ECF Nos. 105, 109, 112]
Plaintiff Billy Coy Cochran is appearing pro se in this civil rights action pursuant to 42 U.S.C.
§ 1983.
On July 25, 2017, the undersigned issued Findings and Recommendations recommending that
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Defendant’s motion for summary judgment for failure to exhaust the administrative remedies be
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granted and the action be dismissed, without prejudice. (ECF No. 107.)
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On June 23, 2017, Plaintiff filed a notice of appeal of the Court’s June 8, 2017, order denying
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his motion for reconsideration. (ECF No. 103.) On June 26, 2017, Plaintiff filed a motion to certify
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the order dated June 8, 2017 for appeal. (ECF No. 105.) On July 31, 2017, Plaintiff filed a motion
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requesting a certificate of appealability, and a motion to proceed in forma pauperis, along with a first
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amended notice of appeal if the Court’s March 14, 2017, order denying Plaintiff’s motion for leave to
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file an amended complaint. (ECF No. 109, 110, 111.)
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Inasmuch as Plaintiff’s appeals to the United States Court of Appeals for the Ninth Circuit
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have been dismissed for lack of jurisdiction on July 26, 2017 and August 16, 2017, Plaintiff’s motions
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relating to such appeals are denied as moot. (ECF Nos. 108, 114.)
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IT IS SO ORDERED.
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Dated:
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August 28, 2017
UNITED STATES MAGISTRATE JUDGE
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