Diaz v. Fox et al

Filing 85

ORDER signed by District Judge John A. Mendez on 6/18/18 ORDERING that the Clerk is directed to file plaintiff's notice of appeal (ECF No. 84 at 3) and forward a copy of the notice and this order to the Ninth Circuit Court of Appeal. The docket should reflect that the notice of appeal was filed12/5/17.(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL ENRIQUE DIAZ,

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No. 2:14-cv-2705 JAM CKD P

Plaintiff,
v.

ORDER

R. FOX, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On May 29, 2018, the court received documents from plaintiff that indicate that

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on December 6, 2017, a notice of appeal was returned to him because there was no indication of

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what he was appealing. (ECF No. 84 at 5.) Plaintiff has also provided a copy of the notice of

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appeal (id. at 3) and it appears to be the same notice of appeal he sent to defendants’ counsel

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(ECF No. 81-1 at 5). Given the context, it appears that plaintiff intended to appeal the order

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requiring him to submit to a deposition (ECF No. 74).

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Although the notice of appeal clearly fails to meet the requirements of Rule 3 of the

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Federal Rules of Appellate Procedure, the Rule also requires that the district clerk forward a copy

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of the notice of appeal to the clerk of the court of appeal. Fed. R. App. P. 3(c)(1), (d)(1). The

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Clerk of the Court will therefore be directed to forward the notice of appeal to the Ninth Circuit

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Court of Appeal and enter the notice of appeal as filed on December 5, 2017, the date it was
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originally received by this court.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to file

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plaintiff’s notice of appeal (ECF No. 84 at 3) and forward a copy of the notice and this order to

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the Ninth Circuit Court of Appeal. The docket should reflect that the notice of appeal was filed

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December 5, 2017.

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Dated: June 18, 2018

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13:diaz2705.noa

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