Meyers v. Hurley et al
Filing
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ORDER Regarding Plaintiff's Letter re: Fees Due on Appeal. Signed by Judge Thelton E. Henderson on 08/21/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/22/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LEON LEE MEYERS,
United States District Court
For the Northern District of California
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No. C-11-4282 TEH (PR)
Plaintiff,
ORDER REGARDING PLAINTIFF’S
LETTER RE: FEES DUE ON APPEAL
v.
JOSEPH HURLEY, et al.,
Defendants.
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Plaintiff, a California state prisoner, filed a pro se
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civil rights action pursuant to 42 U.S.C. § 1983 alleging that
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numerous errors during his 2006-2007 criminal trial violated his
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constitutional rights and that these errors constituted a violation
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of Title II of the Americans with Disabilities Act of 1990, 42
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U.S.C. § 12101 et seq. (“ADA”).
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dismissed without prejudice to re-filing in a habeas petition
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Plaintiff’s § 1983 claims that challenged the validity of his
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conviction and dismissed with prejudice his remaining § 1983 claims
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and his ADA claims.
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On April 9, 2012, the Court
Judgment entered on April 17, 2012.
On May 8, 2012, Plaintiff filed a notice of appeal to the
United States Court of Appeals for the Ninth Circuit.
On several
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occasions, the Ninth Circuit has informed Plaintiff that he must pay
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the docketing fee, or file a motion with the Ninth Circuit to
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proceed in forma pauperis (IFP) or otherwise show cause why the
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appeal should not be dismissed for failure to prosecute.
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On August 13, 2012, Plaintiff submitted a letter to this
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Court stating that he has filed a completed application to proceed
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IFP with the Ninth Circuit.
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prison has delivered this application and asks this Court to send
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him “a Court docket in this matter.”
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He states that he wants to know if the
Because Plaintiff’s complaint was dismissed and judgment
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entered, this Court no longer has jurisdiction over it.
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Furthermore, the docket that Plaintiff wishes to see is the docket
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of his appeal in the Ninth Circuit, not his case in this Court.
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Plaintiff is advised to send any further requests regarding his
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docket or his application to proceed IFP directly to the Ninth
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Circuit.
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IT IS SO ORDERED.
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DATED
08/21/2012
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\CR.11\Meyers-11-4282-ReLtr Re Fees on Appeal.wpd
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