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Wilson v. California Dep't of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 10, 2008

KELLY WILSON, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER DISREGARDING MOTION ERRONEOUSLY FILED IN THIS CASE, AND DIRECTING CLERK'S OFFICE TO FILE MOTION IN CASE NUMBER 2:07-CV-01577

(Doc. 83)

Plaintiff Kelly Wilson ("Plaintiff") is a state prisoner who was proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Summary judgment was entered in favor of Defendants in this action on September 9, 2008, and Plaintiff did not file a notice of appeal. On October 28, 2008, the Clerk's Office filed a document entitled "Request to Amend and Add on to Motion to Have the Trial Records Argumened [sic] and Corrected and Application for Certificate of Appeal." The motion was submitted to the United States Court of Appeals for the Ninth Circuit, which sent the motion to this Court for handling, given that Plaintiff does not have any appeals pending at the Ninth Circuit at this time.

Plaintiff did not include his district court case number, but it appears clear from the filing that it was not intended to be filed in this case and that it relates to Plaintiff's habeas petition, case number 2:07-01577-LKK-EFB (HC) Wilson v. Evans, et al.*fn1

Accordingly, the motion is DISREGARDED in this case, and the Clerk's Office SHALL file the motion in case number 2:07-cv-01577.

IT IS SO ORDERED.


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