IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 3, 2009
MATTHEW B. CRAMER, PLAINTIFF,
ARNOLD SCHWARZENEGGER, DEFENDANT.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER STRIKING BRIEF
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.
© 1992-2009 VersusLaw Inc.