Sierra v. Director of CDCR et al

Filing 75

ORDER signed by Magistrate Judge Kendall J. Newman on 10/2/2017 VACATING without prejudice 56 Motion for Assignment of Conflict Counsel, 58 Motion for Order to Remove False Report, and 60 Motion to Extract Records. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ALAN SIERRA,

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Plaintiff,

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No. 2: 16-cv-1067 MCE KJN P

v.

ORDER

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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

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to 42 U.S.C. § 1983. On May 5, 2017, the court denied plaintiff’s application to proceed in forma

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pauperis and ordered plaintiff to pay the filing fee. (ECF No. 64.) This order is on appeal to the

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Ninth Circuit Court of Appeals.
Plaintiff has three motions pending in this court: 1) motion for assignment of conflict

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counsel (ECF No. 56); 2) motion for an order to remove a false report (ECF No. 58); and 3)

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motion to extract records (ECF No. 60). Because the Ninth Circuit is considering plaintiff’s

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appeal of the May 5, 2017 order, the pending motions described above are vacated without

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prejudice to their renewal following the decision of the Ninth Circuit.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for assignment of

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conflict counsel (ECF No. 56), motion for an order to remove false report (ECF No. 58) and

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motion to extract records (ECF No. 60) are vacated without prejudice.

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Dated: October 2, 2017

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Si1067.ord
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