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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, 12 Plaintiff, 13 14 15 No. 2: 16-cv-1067 MCE KJN P v. ORDER DIRECTOR OF DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 18 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 19 to 42 U.S.C. § 1983. On May 5, 2017, the court denied plaintiff’s application to proceed in forma 20 pauperis and ordered plaintiff to pay the filing fee. (ECF No. 64.) This order is on appeal to the 21 Ninth Circuit Court of Appeals. Plaintiff has three motions pending in this court: 1) motion for assignment of conflict 22 23 counsel (ECF No. 56); 2) motion for an order to remove a false report (ECF No. 58); and 3) 24 motion to extract records (ECF No. 60). Because the Ninth Circuit is considering plaintiff’s 25 appeal of the May 5, 2017 order, the pending motions described above are vacated without 26 prejudice to their renewal following the decision of the Ninth Circuit. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for assignment of 2 conflict counsel (ECF No. 56), motion for an order to remove false report (ECF No. 58) and 3 motion to extract records (ECF No. 60) are vacated without prejudice. 4 Dated: October 2, 2017 5 6 7 Si1067.ord 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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