Hayes v. Kernan et al

Filing 48

ORDER Denying 47 Request for Excepts of Record signed by Magistrate Judge Michael J. Seng on 09/22/2017. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ALBERT HAYES, Plaintiff, 10 11 12 1:16-cv-001235 AWI MJS (PC) ORDER DENYING REQUEST FOR EXCERPTS OF RECORD v. SCOTT KERNAN, et al., (ECF No. 47) Defendant(s). 13 14 15 16 17 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 18 U.S.C. ' 1983. On August 4, 2017, the case was dismissed for failure to state a claim. 19 (ECF Nos. 41 & 42.) Plaintiff appealed. (ECF No. 43.) On August 31, 2017, Plaintiff filed 20 the instant motion for copies of court records under Ninth Circuit Rule 30-1, which 21 22 23 24 25 dictates that excerpts of record must be filed in all cases. However, unrepresented litigants need not file excerpts of record. Circuit Rule 30-1.2. As Plaintiff is unrepresented, the exception applies. Therefore, his motion is DENIED without prejudice. IT IS SO ORDERED. 26 27 Dated: September 22, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 28 1

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