Wagner v. Posner et al

Filing 81

ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/11 ORDERING that 79 and 80 Notices of Appeal are DISREGARDED.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLINTON WAGNER,

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Plaintiff,

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vs.
MOSS POSNER, et al.,
Defendants.

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No. 2: 09-cv-3166 KJM KJN P

ORDER
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Plaintiff is a state prisoner proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On May 13, 2011, plaintiff filed a document titled “Notice of

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Appeal.” This document does not indicate what order plaintiff is appealing. Accordingly, this

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notice of appeal is disregarded.

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On May 27, 2011, plaintiff filed a letter addressed to the Clerk of the Court stating

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that he would like to file an appeal “on Dr. Sahota’s interrogatories to plaintiff set one. By order

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entered Nov. 02, 2010.” It is unclear what plaintiff is appealing in his May 27, 2011 letter.

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The purpose of a notice of appeal is to seek review of a district court order in the

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Ninth Circuit Court of Appeals. It does not appear that plaintiff is seeking Ninth Circuit review

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of an order by the undersigned or the district judge in his May 27, 2011 letter. It is unclear what

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relief plaintiff is seeking in the May 27, 2011 letter. For these reasons, plaintiff’s May 27, 2011
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notice of appeal, contained in the May 27, 2011 letter, is disregarded.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s notices of appeal (Dkt.

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Nos. 79 and 80) are disregarded.

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DATED: June 9, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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wag3166.app

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