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Bryant W. Plitt v. Fresno Police Officer R. Gonzalez

January 10, 2013

BRYANT W. PLITT, PLAINTIFF,
v.
FRESNO POLICE OFFICER R. GONZALEZ, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable B. Lynn Winmill Chief U. S. District Judge

ORDER

Pending before the Court are Plaintiff's Rule 60(b) Motion, filed during the pendency of his appeal (Dkt. 52), and Defendants' Motion to Strike Plaintiff's Rule 60(b) Motion. (Dkt. 54.) The United States Court of Appeals for the Ninth Circuit indicated that, if Plaintiff desired to file a timely Rule 60(b) motion, he could file a new motion to stay the appellate proceedings. (Dkt. 50.) This Court issued instructions for the filing of the Motion on October 4, 2012. (Dkt. 56.) The Docket does not indicate that Plaintiff has filed a new motion to stay in the appellate court after that date. Accordingly, IT IS ORDERED that Defendants' Motion to Strike Plaintiff's Rule 60(b) Motion (Dkt. 54) is GRANTED, and Plaintiff's Rule 60(b) Motion (Dkt. 52) is STRICKEN, on grounds of lack of jurisdiction.

20130110

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