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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?