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Meador v. Corcoran State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 30, 2010

WILLIAM LANGSTON MEADOR, PLAINTIFF,
v.
CORCORAN STATE PRISON, DEFENDANT.

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

ORDER DENYING SECOND MOTION FOR EXTENSION OF TIME (DOC. 18)

Plaintiff William Meador ("Plaintiff") is a California state prisoner who was proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On June 27, 2008, the Magistrate Judge issued a Findings and Recommendations recommending that this action be dismissed. (Doc. 10.) The Findings and Recommendations were adopted in full by the District Judge and this action was dismissed in its entirety by order filed August 5, 2008, for Plaintiff's failure to state any cognizable claims for relief. (Doc. 14.) Judgment was entered on August 5, 2008. (Doc. 15.)

On October 8, 2009, Plaintiff submitted a request for an extension of time to file a late notice of appeal.*fn1 Plaintiff argues that he was unable to timely file a notice of appeal based on mental disability. On October 15, 2009, the Court denied Plaintiff's request as untimely pursuant to Federal Rule of Appellate Procedure 4.

On May 7, 2010, Plaintiff filed a second motion for permission to file a late notice of appeal.*fn2

Again, this motion is untimely. Fed. R. App. P. 4. Accordingly, the Court HEREBY ORDERS that Plaintiff's motion is denied.

IT IS SO ORDERED.


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