v. Destruction of Firearms and Ammunition
Filing
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Order by Hon. Ronald M. Whyte re 52 Motion re Notice of Appeal. (rmwlc2, COURT STAFF) (Filed on 12/13/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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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
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[Re Docket No. 117, 52]
Defendant.
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Kevin Dugan has requested to know the status of the "Notices of Appeal" he filed on
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September 24, 2012, in case numbers C-03-1920-RMW and C-09-80136-RMW. The Clerk
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apparently treated the "Notices" as statements by Dugan that he intended to appeal, but not as
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actual notices of appeal. However, Dugan's latest filing makes it clear he believed the "Notices"
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were in fact formal notices of appeal. Although the language of the "Notices" is ambiguous, they
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are labeled "Notice of Appeal." Because Dugan is pro se, his filings should be construed
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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.
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ORDER RE STATUS
CASE NO. C-12-02646-RMW
sw
-1-
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The Clerk is ordered to treat the filings as notices of appeal and transmit notice to the Court of
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Appeals.
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Dugan also asked for an order staying the court's previous order authorizing the
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destruction of the firearms. The court denies this request because it finds Dugan's appeal does not
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have any colorable merit.
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Finally, Dugan asks the court to consolidate his appeals, but that is the jurisdiction of the
Court of Appeals and thus is denied.
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Dated: December 13, 2012
Ronald M. Whyte
United States District Court Judge
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ORDER RE STATUS
CASE NO. C-12-02646-RMW
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