(PC) Draughn v. Kern County Sheriff's Department et al

Filing 15

ORDER re: 14 Plaintiff's Notice; ORDER DIRECTING Clerk to Correct Court Record, signed by Magistrate Judge Gary S. Austin on 11/17/2022. Defendant Jason Luker's badge number corrected from #20348 to #203048. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID BRANDON DRAUGHN,

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Plaintiff,
v.
KERN COUNTY SHERIFF’S
DEPARTMENT, et al.,

1:22-cv-00284-GSA-PC
ORDER RE PLAINTIFF’S NOTICE
(ECF No. 14.)
ORDER DIRECTING CLERK TO CORRECT
COURT RECORD

Defendants.

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David Brandon Draughn (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the

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Complaint commencing this action on March 4, 2022. (ECF No. 1.)

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On November 2, 2022, Plaintiff filed a notice requesting the Court to make two

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corrections to the Court’s record. Plaintiff asserts that Defendant Jason Luker’s badge number,

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written on the Court’s record as #20348, should be corrected to #203048, and the spelling of

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Defendant Youngblood’s last name, misspelled as Youngbloed, should be corrected to

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Youngblood.

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Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, “the court may correct a

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clerical mistake or a mistake arising from oversight or omission whenever one is found in a

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judgment, order, or other part of the record.” Fed. R. Civ. P 60(a). See also Icho v. Hammer,

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434 F. App’x 588, 589 (9th Cir. 2011) (“the district court did not abuse its discretion in correcting

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the [Plaintiff’s incorrect] spelling of [the Defendant’s] last name under Rule 60(a)”).

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It appears that the spelling of Defendant Youngblood’s last name has already been

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corrected on the Court’s record. However, the Court shall direct the Clerk to make a correction

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to Defendant Jason Luker’s badge number.

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Accordingly, that the Clerk of Court is DIRECTED to correct Defendant Jason Luker’s
badge number from #20348 to #203048 on the Court’s record.

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IT IS SO ORDERED.
Dated:

November 17, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE