Cunningham v. Kramer et al

Filing 27

ORDER DENYING 22 Motion for Notice of Appeal signed by Magistrate Judge Michael J. Seng on 3/29/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASON D. CUNNINGHAM,

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Plaintiff,

CASE NO. 1:15-cv-01362-AWI-MJS (PC)
ORDER DENYING MOTION FOR NOTICE
OF APPEAL

v.
(ECF NO. 22)
NORM KRAMER, et al.,
Defendants.

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On February 17, 2017, his complaint

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was dismissed for failure to state a claim and the matter was closed. (ECF Nos. 20, 21.)

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On March 10, 2017, Plaintiff filed a “Motion for Notice of Appeal.” (ECF No. 22.) It

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is unclear what relief, if any, Plaintiff seeks through this motion. To the extent Plaintiff

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merely seeks to have his notice of appeal processed, the Court advises that his notice of

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appeal was filed on March 10, 2017 and processed to the Ninth Circuit Court of Appeals

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that date. (ECF Nos. 23, 24.) To the extent Plaintiff intends through this motion to

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present his arguments to the appellate court, the Ninth Circuit has ordered him to file an

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opening brief by June 19, 2017. Plaintiff may present his arguments there.
Based on the foregoing, the “Motion for Notice of Appeal” is HEREBY DENIED as

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moot.

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IT IS SO ORDERED.
Dated:

March 29, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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