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Ellington v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 13, 2009

MARCUS R. ELLINGTON, PLAINTIFF,
v.
K. CLARK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISREGARDING MOTION FOR PRELIMINARY INJUNCTION (Doc. 39)

Plaintiff Marcus R. Ellington ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 21, 2009, Plaintiff filed a notice of appeal. (Doc. 36.) On October 8, 2009, Plaintiff filed a motion for preliminary injunctive relief. (Doc. 39.)

The pending appeal divests this Court of jurisdiction to rule on Plaintiff's motion for injunctive relief. Therefore, the motion is ORDERED DISREGARDED.

IT IS SO ORDERED.

20091013

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