United States of America v. Miscellaneous Firearms, Silencers and Ammunition

Filing 120

Order by Hon. Ronald M. Whyte re 117 Motion on Status and Notice of Appeal. (rmwlc2, COURT STAFF) (Filed on 12/13/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 Case No. C-03-1920-RMW Case No. C-09-80136-RMW UNITED STATES OF AMERICA, Plaintiff, v. ORDER RE STATUS Miscellaneous Firearms, Silencers and Ammunition 17 [Re Docket No. 117, 52] Defendant. 18 19 Kevin Dugan has requested to know the status of the "Notices of Appeal" he filed on 20 September 24, 2012, in case numbers C-03-1920-RMW and C-09-80136-RMW. The Clerk 21 apparently treated the "Notices" as statements by Dugan that he intended to appeal, but not as 22 actual notices of appeal. However, Dugan's latest filing makes it clear he believed the "Notices" 23 were in fact formal notices of appeal. Although the language of the "Notices" is ambiguous, they 24 are labeled "Notice of Appeal." Because Dugan is pro se, his filings should be construed 25 liberally. Therefore, the court finds that Dugan's filings of September 24, 2012, (C-03-192026 RMW, dkt. no. 114 and C-09-80136-RMW, dkt. no. 49) should be considered notice of appeals. 27 28 ORDER RE STATUS CASE NO. C-12-02646-RMW sw -1- 1 The Clerk is ordered to treat the filings as notices of appeal and transmit notice to the Court of 2 Appeals. 3 Dugan also asked for an order staying the court's previous order authorizing the 4 destruction of the firearms. The court denies this request because it finds Dugan's appeal does not 5 have any colorable merit. 6 7 Finally, Dugan asks the court to consolidate his appeals, but that is the jurisdiction of the Court of Appeals and thus is denied. 8 9 Dated: December 13, 2012 Ronald M. Whyte United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE STATUS CASE NO. C-12-02646-RMW sw -2-

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