Quiroga v. Medical Service Doctor et al

Filing 78

ORDER denying Plaintiff's 77 Motion for excerpts of record signed by Magistrate Judge Jennifer L. Thurston on 9/28/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01871-LJO-JLT (PC)

MONICO J. QUIROGA, III,

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ORDER ON PLAINTIFF’S MOTION
FOR EXCERPTS OF RECORDS

Plaintiff,

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v.

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HASTA,

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(Doc. 77)
Defendant.

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On August 21, 2018, the Court issued a Findings and Recommendation to deny Plaintiff’s

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motion for summary judgment and to grant Defendant’s motion for summary judgment, which

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was served the same day. (Doc. 70.) During the time allowed for filing of objections, Plaintiff

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filed a notice of appeal. (Doc. 72.) On September 13, 2018, the District Judge adopted the F&R

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noting that jurisdiction was not divested by Plaintiff’s appeal since the F&R was neither a final

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judgment nor a collateral order. (Doc. 75.) This action was closed and judgment entered against

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Plaintiff. (See Docs. 75, 76.)

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On September 27, 2018, Plaintiff filed a motion which requests “excerpts of records pur

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(sic) to FRAP 31 9th Cir. R. 31-2.1 (sic).” (Doc. 77.) Plaintiff=s appeal has been processed to the

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Ninth Circuit. (Doc. 73.) Processing a case for appeal includes a certification of the record in

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Plaintiff’s action in this Court in compliance with Rule 11 of the Rules of Appellate Procedure.

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The Ninth Circuit Court of Appeals has electronic access to the entire file in this case as well as to
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all cases in this Court. Further, Plaintiff should already have copies of all documents filed in this

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action either because he should have kept copies of documents he filed and he was served with

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copies of everything Defendant filed and of all orders issued by this court.

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Based on the foregoing, Plaintiff’s motion for excerpts of records pertaining to his appeal,
filed on September 27, 2018 (Doc. 77), is DENIED.

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IT IS SO ORDERED.
Dated:

September 28, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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