Hicks v. Evans

Filing 119

ORDER (1) DENYING MOTION TO STAY JUDGMENT, (2) CONSTRUING DOCUMENT TO BE A NOTICE OF APPEAL, AND (3) NOTING PAUPER ISSUE 118 (Illston, Susan) (Filed on 11/26/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL J. HICKS,

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No. C 08-1146 SI (pr)

Plaintiff,

ORDER (1) DENYING MOTION TO
STAY JUDGMENT,
(2) CONSTRUING DOCUMENT TO BE A
NOTICE OF APPEAL, AND
(3) NOTING PAUPER ISSUE

v.
M. S. EVANS, warden,
Defendant.
/

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Plaintiff's motion to stay the judgment in this action is DENIED. (Docket # 118.)

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Plaintiff wants the judgment stayed so that he may obtain a hearing transcript from a state court

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(and presumably file a motion for reconsideration), but fails to explain what is in that transcript

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that would make any difference in this action. The result of that hearing was not unknown to

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this court; the minute order from the state court that followed the hearing was quoted in this

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court's dispositive order. See Docket # 116, p. 3:25-27. Plaintiff's other complaint about this

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court's dispositive order – that the court "missed the Trexler admission," Docket # 118, p. 2 –

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is simply wrong. See Docket # 116, p. 5:5-6.

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Plaintiff requests that his motion be construed to be a notice of appeal if the motion to

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stay the judgment is denied. Docket # 118, p. 3. Having denied the motion to stay the judgment,

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the court construes Docket # 118 to be a notice of appeal. The clerk shall process the appeal.

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Finally, the court notes that pauper status for this plaintiff was denied pursuant to 28

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U.S.C. § 1915(g) in Hicks v. Conover, No. C 11-6363 SI (pr) on November 6, 2012. That

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determination may affect plaintiff's ability to proceed in forma pauperis on appeal in this action,

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although that appears to be a matter for the Ninth Circuit to decide.

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IT IS SO ORDERED.
Dated: November 26, 2012

_______________________
SUSAN ILLSTON
United States District Judge

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