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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:15-CV-1687-GEB-CMK-P

Plaintiff,

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vs.

ORDER

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MONICA MILLER, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to

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42 U.S.C. § 1983. Final judgment was entered on September 21, 2016, and plaintiff has

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appealed. The Ninth Circuit Court of Appeals summarily affirmed this court’s judgment on

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September 13, 2017. Pending before the court is plaintiff’s motion (Doc. 24) for clarification.

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Plaintiff states that, on June 5, 2017, the undersigned granted plaintiff “an

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extension of time to file an amended complaint.” He also states that, on June 9, 2017, the Ninth

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Circuit ordered him to file an authorization form to collect docketing and filing fees for his

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appeal in this matter. Plaintiff seeks clarification of what he characterizes as “conflicting court

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orders.”

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At the outset, the court notes that plaintiff’s understanding of this court’s June

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2017 order is incorrect. Contrary to plaintiff’s assertion, the court did not grant him an extension

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of time to file an amended complaint. Rather, the court extended the time to appeal. In any

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event, because the appellate court has resolved plaintiff’s appeal, his motion is now moot.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for clarification
(Doc. 24) is denied as moot.

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DATED: October 11, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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