Toscano v. Kernan, et al.

Filing 15

ORDER granting 14 Motion request for Appeal documents and directing Clerk's Office to resend ECF No. 10 and 11 to Plaintiff signed by Magistrate Judge Michael J. Seng on 8/10/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN K. TOSCANO,

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Plaintiff,

CASE No. 1:17-cv-00292-MJS (PC)
ORDER GRANTING PLAINTIFF’S
REQUEST FOR APPEAL DOCUMENTS

v.
SCOTT KERNAN, et al.,
Defendants.

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ORDER DIRECTING CLERK’S OFFICE
TO RESEND ECF NOS. 10 AND 11 TO
PLAINTIFF AT PELICAN BAY STATE
PRISON
(ECF No. 14)

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Plaintiff initiated a civil rights action on March 2, 2017 pursuant to 42 U.S.C.

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§ 1983. (ECF No. 1.) On April 19, 2017, the Court dismissed Plaintiff’s complaint with

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prejudice for failure to state a claim. (ECF No. 8.) The Clerk of Court subsequently

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closed the case. (ECF No. 9.)

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Plaintiff appealed to the United States Court of Appeals for the Ninth Circuit on

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May 12, 2017. (ECF No. 10.) On August 7, 2017, Plaintiff filed a motion to have certain

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documents related to his appeal resent to him. The motion is granted.

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In light of the foregoing, it is HEREBY ORDERED that the Clerk’s Office is

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directed to resend ECF Nos. 10 and 11 to Plaintiff at Pelican Bay State Prison.

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IT IS SO ORDERED.
Dated:

August 10, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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