Driver v. Martinez et al

Filing 39

ORDER GRANTING EXTENSION OF TIME FOR NOTICE OF APPEAL (Illston, Susan) (Filed on 6/13/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BILLY DRIVER, JR.,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 11-5793 SI (pr)
ORDER GRANTING EXTENSION OF
TIME FOR NOTICE OF APPEAL

v.
MARTINEZ, Sergeant; et al.,
Defendants.
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This action was dismissed and judgment entered on April 19, 2013. On May 22, 2013,

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plaintiff filed a request to learn the status of his case. Docket # 32. The clerk sent him a copy

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of the order of dismissal, judgment, and docket sheet on May 24, 2013. Plaintiff then filed a

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notice of appeal and attached to it a declaration in which he stated that, as of May 17, 2013, he

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had not received some mail from the court that apparently was received at the prison on May 3,

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2013. Docket # 33. The court construes the declaration to be a request for an extension of

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time, and GRANTS a 30-day extension of the deadline for plaintiff to file a notice of appeal.

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See Fed. R. App. P. 4(a)(5). With that extension, plaintiff's notice of appeal is timely filed.

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In his notice of appeal, plaintiff requests that the court order a civil rights complaint to

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be filed on behalf of plaintiff. The request is DENIED. If plaintiff wants to file a civil rights

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complaint he may do so, but the court will not file one on his behalf. The proper district in

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which to file a civil rights complaint about conditions at the California State Prison in Lancaster

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is the U.S. District Court for the Central District of California.

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IT IS SO ORDERED.
Dated: June 13, 2013

_______________________
SUSAN ILLSTON
United States District Judge