Walker v. Whitten et al

Filing 126

ORDER signed by Senior Judge William B. Shubb on 1/28/13 ORDERING that this court will remand the matter to the Magistrate Judge with instructions to prepare and submit Findings and Recommendations on the matter which forms the basis of this appeal. Plaintiff and defendants shall then be given fourteen days to file objections to the Findings and Recommendations, and this court will then take the matter under submission.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JEFFREY E. WALKER,

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NO. CIV. S-09-0642 WBS-CKD
Court of Appeals No. 12-17710

Plaintiff,
v.

ORDER

A. H. WHITTEN; et al.,,

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Defendants.

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----oo0oo----

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This matter is before the court upon transfer of

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plaintiff's appeal from the United States Court of Appeals for

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the Ninth Circuit to this court.

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plaintiff's notice of appeal was filed December 7, 2012 (Docket

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No. 117), it is not clear to this court what order plaintiff is

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appealing from.

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appeal is from the denial of injunctive relief by the Magistrate

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Judge.

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(Docket No. 124).

While

The Order of the Court of Appeals indicates the

Because the Court of Appeals concluded that the

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Magistrate Judge lacked authority to enter the order from which

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plaintiff appeals, this court will remand the matter to the

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Magistrate Judge with instructions to prepare and submit
Findings and Recommendations on the matter which forms the basis

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of this appeal.

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fourteen days to file objections to the Findings and

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Recommendations, and this court will then take the matter under

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submission.

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Plaintiff and defendants shall then be given

IT IS SO ORDERED.
DATED:

January 28, 2013

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