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Cramer v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 3, 2009

MATTHEW B. CRAMER, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER STRIKING BRIEF

(Doc. 17)

Plaintiff Matthew B. Cramer is a state prisoner who was proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 12132 (Americans with Disabilities Act) and 42 U.S.C. § 1983. This action was dismissed, with prejudice, on April 24, 2009, for failure to state a claim upon which relief may be granted. On November 30, 2009, Plaintiff filed what he entitled an amicus curiae brief. The intent of his brief is to inform the three-judge courts in case numbers 2:90-cv-00520-LKK-JFM Coleman v. Schwarzenegger, et al. (E.D.Cal.) and 3:01-cv-01351-THE Plata v. Schwarzenegger, et al. (N.D.Cal.) of conditions at the California Correctional Institution.

Plaintiff was a party to this litigation, which is no longer pending. Accordingly, the filing of Plaintiff's brief in this action is not proper and serves no purpose. See Miller-Wohl Co., Inc. v. Comm'r of Labor and Indus. State of Mont., 694 F.2d 203, 204 (9th Cir. 1982) (amicus curiae not a party to the litigation, and traditionally fulfilled a role in assisting in cases of general public interest).

The brief is HEREBY ORDERED STRICKEN from the record.

IT IS SO ORDERED.

20091203

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