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Dynes v. Medina

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 10, 2010

JOHN RAY DYNES, PLAINTIFF,
v.
C/O JUAN MEDINA AND C/O DAVID WILLIAMS, DEFENDANTS.

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

ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS APPEAL (Doc. 145.)

ORDER DISMISSING APPEAL FILED ON APRIL 28, 2010 AS DUPLICATIVE (Doc. 137.) ORDER FOR CLERK TO SERVE COPY OF THIS ORDER ON THE NINTH CIRCUIT

John Ray Dynes ("Plaintiff") is a prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on January 28, 2008. (Doc. 1.) The case proceeded to jury trial on April 14, 2010, and judgment for defendants was entered on April 15, 2010. (Doc. 127.) Plaintiff filed two notices of appeal to the Ninth Circuit Court of Appeals, one on April 19, 2010, and one on April 28, 2010. (Docs. 131, 137.) On May 6, 2010, Plaintiff filed a motion to dismiss the appeal he filed on April 28, 2010. (Doc. 145.)

Plaintiff indicates that he filed the April 28, 2010 appeal in error, and the April 28, 2010 appeal is duplicative of the appeal he filed on April 19, 2010. For these reasons, and good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to dismiss the appeal he filed on April 28, 2010 is GRANTED;

2. Plaintiff's appeal filed on April 28, 2010, is DISMISSED as duplicative of the appeal filed by Plaintiff on April 19, 2010; and

3. The Clerk is DIRECTED to serve a copy of this order on the Ninth Circuit Court of Appeals.

IT IS SO ORDERED.

20100510

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