Wahl v. Sutton

Filing 61

ORDER DENYING Plaintiff's 60 Motion for Record on Appeal signed by Magistrate Judge Barbara A. McAuliffe on 10/25/2019. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 PETER GERARD WAHL, 10 Plaintiff, 11 Case No. 1:16-cv-01576-LJO-BAM (PC) ORDER DENYING PLAINTIFF’S MOTION FOR RECORD ON APPEAL v. (ECF No. 60) 12 SUTTON, 13 Defendant. 14 15 On October 21, 2019, Plaintiff Peter Gerard Wahl, a former state prisoner who was 16 proceeding pro se and in forma pauperis in this civil rights action, filed a motion seeking a 17 complete copy of the record on appeal. (ECF No. 60.) 18 Pursuant to the Ninth Circuit Rules, Plaintiff, as a pro se litigant, is not required to file an 19 excerpt of the record. Circuit Rule 30-1.2. Further, to the extent Plaintiff is attempting to order a 20 transcript, this request is unnecessary. Fed. R. App. P. 10(b)(1). No proceedings in this action 21 were transcribed. Plaintiff’s motion is therefore DENIED. 1 22 23 IT IS SO ORDERED. /s/ Barbara Dated: October 25, 2019 A. McAuliffe UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 Plaintiff is not prevented from requesting copies of the excerpts of the record pursuant to Ninth Circuit Rule 30-3. 1

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