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08-006 - LeBaron v. Schmidt, et al


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08-006 - LeBaron v. Schmidt, et al
July 10, 2008
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ORDER GRANTING MOTION FOR RECONSIDERATION, DISMISSING ACTION AND DENYING IN FORMA PAUPERIS STATUS - Before the Court is Plaintiffs "Motion to Annul Order" which the court liberally construes as a Motion for Reconsideration (Ct. Rec. 13). Due to a clerical error, Plaintiffs Inmate Transaction Report, received on May 20, 2008, was not separately filed, See Ct. Rec. 8. Therefore, IT IS ORDERED Plaintiffs Motion (Ct. Rec. 13) is GRANTED. The District Court Executive shall re-open this file and STRIKE the Order Denying in forma pauperis Status, Dismissing Action and Closing File (Ct. Rec. 12). Although Plaintiff has complied with the procedural requirements of the in forma pauperis statute, the court finds it lacks jurisdiction to consider Plaintiffs First Amended Complaint.IT IS ORDERED this action is DISMISSED with prejudice and Plaintiffs application to proceed in forma pauperis is DENIED. Judgment entered and file closed.. Signed by Judge Lonny R. Suko. (VJ, Case Administrator)
July 10, 2008
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JUDGMENT (VJ, Case Administrator)
July 24, 2008
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ORDER REGARDING NOTICES OF APPEAL AND MOTIONS FOR RECONSIDERATION -- This court considers the simultaneously filed Notices of Appeal 20 and 23 to have divested it of jurisdiction to consider Plaintiff's Motions. As Plaintiff's Motions for Reconsideration 19 and 22 were not pending at the time the notices of appeal were filed, this court believes it does not have jurisdiction to consider the motions and will consider them only if instructed to do so by the 9CCA. This court further finds Plaintiff's appeal is not taken in good faith. Signed by Judge Lonny R. Suko. (SAP, Case Administrator)
November 7, 2008
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ORDER DENYING MOTION FOR RECONSIDERATION denying 46 Motion for Reconsideration. Signed by Judge Lonny R. Suko. (VJ, Case Administrator)