Johnson v. Ponce

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 3/28/2017 ORDERING the Clerk to file petitioner's 26 motion to intervene and declaration in support of the motion. The exhibits to the declaration shall not be filed and the Clerk shall return them to petitioner. The 26 motion to intervene is DENIED. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DOUGLASS JOHNSON, 12 13 14 15 No. 2:16-cv-1037 JAM AC P Petitioner, v. ORDER FELICIA PONCE, Respondent. 16 17 The Clerk of the Court has recently received from petitioner a motion to allow his co- 18 defendant to intervene under Federal Rule of Civil Procedure 24. Attached to the declaration 19 accompanying the motion are exhibits that indicate they have been filed under seal in the United 20 States District Court for the Western District of Washington. The Clerk of the Court will be 21 directed to file the motion to intervene and the declaration in support of the motion. However, the 22 sealed exhibits shall be returned to petitioner. In light of the District Judge’s adoption of the 23 findings and recommendations dismissing the petition for lack of jurisdiction (ECF No. 24), the 24 motion to intervene will be summarily denied. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. The Clerk of the Court shall file petitioner’s motion to intervene and declaration in 27 support of the motion. The exhibits to the declaration shall not be filed and the Clerk of the Court 28 shall return them to petitioner. 1 1 2 2. The motion to intervene is denied. DATED: March 28, 2017 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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