Evans v. California Department of Corrections & Rehabilitation

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/2019 ORDERING documents filed by Plaintiff since the closing date will be disregarded and no orders will issue in response to future filings. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ANTHONY EVANS,

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No. 2:17-cv-1891 KJN P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,
Defendant.

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Plaintiff is a state prisoner, proceeding pro se. On December 16, 2019, plaintiff filed a

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letter bearing numerous case numbers, including the instant case, stating he seeks “information

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and documents” necessary to file an appeal. (ECF No. 18.) Plaintiff claims his cases should be

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tolled because he “sought judicial complaints with the U.S. Courts for the Ninth Circuit.” (Id.)

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As plaintiff was advised on February 13, 2018 (ECF No. 16), this action was dismissed

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without prejudice on January 18, 2018, based on plaintiff’s failure to timely file an amended

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complaint, and judgment was entered the same day. (ECF No. 14.) In order to appeal such

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dismissal, plaintiff was required to file a notice of appeal within 30 days after entry of judgment.

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Fed. R. App. P. 4(a)(1)(A). Plaintiff did not file an appeal, and his recent filing was filed more

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than 60 days after entry of judgment. Thus, the court is unable to construe the filing as a request

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for extension of time in which to file an appeal. Fed. R. App. P. 4(a)(5).
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With regard to plaintiff’s request for documents, to the extent plaintiff seeks a form in

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order to file an appeal, plaintiff is advised that the court does not have such a form. If plaintiff

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wishes to obtain copies of documents from the court’s file, he must identify the documents sought

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and submit the appropriate fee.1

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Plaintiff is advised that documents filed by plaintiff since the closing date will be
disregarded and no orders will issue in response to future filings.

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IT IS SO ORDERED. (ECF No. 18.)
Dated: December 19, 2019

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/cw/eva1891.app.den

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The Clerk's Office will provide copies of documents and of the docket sheet at $0.50 per page.
Checks in the exact amount are made payable to "Clerk, USDC." Please Note: In Forma Pauperis
status does not include the cost of copies. Copies of documents in cases may also be obtained by
printing from the public terminals at the Clerk's Office or by contacting Cal Legal Support Group
at: 3104 "O" Street, Suite 291, Sacramento, CA 95816, phone [phone], fax [phone].
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