Lizarraga
(PC) McDaniel v. Lizarraga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LEON MCDANIEL, No. 2:19-cv-1136 JAM KJN P Plaintiff, v. ORDER JOE LIZARRAGA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through counsel. Plaintiff seeks relief under 42 U.S.C. § 1983. On November 22, 2021, plaintiff filed a pro se document styled “Application for Relief from Default and Application for Late Filing of Notice of Appeal.” (ECF No. 117.) Plaintiff seeks an extension of time in which to appeal the district court’s April 30, 2021 order. As discussed below, plaintiff’s motion is denied. Plaintiff was previously informed that because he is represented by counsel, he is not permitted to file pro se documents in this action. However, because plaintiff claims that his attorney is not authorized to practice in the Court of Appeals for the Ninth Circuit and will not be filing an appeal, the undersigned will address plaintiff’s pro se filing. An appeal “from a district court to a…