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Mark Lyon v. S. Thacker

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


October 18, 2012

MARK LYON, PLAINTIFF,
v.
S. THACKER, DEFENDANT.

ORDER

Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in an action brought under 42 U.S.C. § 1983. On May 7, 2012, the court dismissed plaintiff's complaint without leave to amend and on May 7, 2012, judgment was entered. Dckt. Nos. 5, 6. On June 29, 2012, plaintiff filed a notice of appeal, which is dated June 11, 2012. Dckt. No. 8. It also includes a notation that plaintiff was not notified of the court's decision until June 7, 2012. Id.; see also Dckt. No. 9.

Construed as a request to reopen the time to file an appeal, plaintiff's request is granted. See Fed. R. App. P. 4(a)(6). Pursuant to the October 18, 2012 Order from the Court of Appeals, plaintiff need not file a new notice of appeal. Dckt. No. 12.

The Clerk of the Court is directed to serve a copy of this order on the U.S. Court of Appeals for the Ninth Circuit, in reference to Case No. 12-17143.

So ordered.

20121018

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