Brown v. Miller et al

Filing 27

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/2017 DENYING as moot plaintiff's 24 motion for clarification. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEXTER BROWN, 12 No. 2:15-CV-1687-GEB-CMK-P Plaintiff, 13 vs. ORDER 14 MONICA MILLER, et al., 15 Defendants. 16 / 17 Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to 18 42 U.S.C. § 1983. Final judgment was entered on September 21, 2016, and plaintiff has 19 appealed. The Ninth Circuit Court of Appeals summarily affirmed this court’s judgment on 20 September 13, 2017. Pending before the court is plaintiff’s motion (Doc. 24) for clarification. 21 Plaintiff states that, on June 5, 2017, the undersigned granted plaintiff “an 22 extension of time to file an amended complaint.” He also states that, on June 9, 2017, the Ninth 23 Circuit ordered him to file an authorization form to collect docketing and filing fees for his 24 appeal in this matter. Plaintiff seeks clarification of what he characterizes as “conflicting court 25 orders.” 26 /// 1 1 At the outset, the court notes that plaintiff’s understanding of this court’s June 2 2017 order is incorrect. Contrary to plaintiff’s assertion, the court did not grant him an extension 3 of time to file an amended complaint. Rather, the court extended the time to appeal. In any 4 event, because the appellate court has resolved plaintiff’s appeal, his motion is now moot. 5 6 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for clarification (Doc. 24) is denied as moot. 7 8 9 10 DATED: October 11, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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