Brookins v. Hernandez et al

Filing 126

ORDER DENYING Plaintiff's 117 Motion for Clarification as Moot, signed by Magistrate Judge Stanley A. Boone on 9/2/2021. (Marrujo, C)

Download PDF
Case 1:17-cv-01675-AWI-SAB Document 126 Filed 09/02/21 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 BARRY LEE BROOKINS, 7 Plaintiff, 8 9 v. M. HERNANDEZ, et al., 10 Defendants. 11 12 13 ORDER DENYING PLAINTIFF’S MOTION FOR CLARIFICATION AS MOOT (ECF No. 117) action pursuant to 42 U.S.C. § 1983. On November 30, 2020, Defendants’ motion for summary judgment was granted and judgment was entered. (ECF Nos. 118, 119.) 16 17 Case No. 1:17-cv-01675-AWI-SAB (PC) Plaintiff Barry Lee Brookins is appearing pro se and in forma pauperis in this civil rights 14 15 ) ) ) ) ) ) ) ) ) ) Plaintiff filed a notice of appeal on December 10, 2020. (ECF No. 121.) Plaintiff appeal was voluntarily dismissed on August 31, 2021. (ECF No. 125.) 18 On November 25, 2020, Plaintiff filed a motion for clarification as to whether the Findings and 19 Recommendations were adopted by the District Judge in order to file a notice of appeal. (ECF No. 20 117.) Inasmuch as the Findings and Recommendations were adopted in full on November 30, 2020, 21 and Plaintiff’s appeal was voluntarily dismissed, Plaintiff’s motion for clarification is denied as moot. 22 23 24 25 IT IS SO ORDERED. Dated: September 2, 2021 UNITED STATES MAGISTRATE JUDGE 26 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?