(PC) Draughn v. Kern County Sheriff's Department

E.D. California

(PC) Draughn v. Kern County Sheriff's Department

DecidedNovember 18, 2022

Docket1:22-cv-00284

StatusUnknown

This text of (PC) Draughn v. Kern County Sheriff's Department ((PC) Draughn v. Kern County Sheriff's Department) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Draughn v. Kern County Sheriff's Department, (E.D. Cal. 2022).

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

11 DAVID BRANDON DRAUGHN, 1:22-cv-00284-GSA-PC

12 Plaintiff, ORDER RE PLAINTIFF’S NOTICE (ECF No. 14.) 13 v. ORDER DIRECTING CLERK TO CORRECT 14 KERN COUNTY SHERIFF’S COURT RECORD DEPARTMENT, et al., 15 Defendants. 16

17 18 David Brandon Draughn (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the 20 Complaint commencing this action on March 4, 2022. (ECF No. 1.) 21 On November 2, 2022, Plaintiff filed a notice requesting the Court to make two 22 corrections to the Court’s record. Plaintiff asserts that Defendant Jason Luker’s badge number, 23 written on the Court’s record as #20348, should be corrected to #203048, and the spelling of 24 Defendant Youngblood’s last name, misspelled as Youngbloed, should be corrected to 25 Youngblood. 26 Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, “the court may correct a 27 clerical mistake or a mistake arising from oversight or omission whenever one is found in a 28 judgment, order, or other part of the record.” Fed. R. Civ. P 60(a). See also Icho v. Hammer, 1 434 F. App’x 588, 589 (9th Cir. 2011) (“the district court did not abuse its discretion in correcting 2 the [Plaintiff’s incorrect] spelling of [the Defendant’s] last name under Rule 60(a)”). 3 It appears that the spelling of Defendant Youngblood’s last name has already been 4 corrected on the Court’s record. However, the Court shall direct the Clerk to make a correction 5 to Defendant Jason Luker’s badge number. 6 Accordingly, that the Clerk of Court is DIRECTED to correct Defendant Jason Luker’s 7 badge number from #20348 to #203048 on the Court’s record. 8 IT IS SO ORDERED. 9

10 Dated: November 17, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

11 DAVID BRANDON DRAUGHN, 1:22-cv-00284-GSA-PC

12 Plaintiff, ORDER RE PLAINTIFF’S NOTICE (ECF No. 14.) 13 v. ORDER DIRECTING CLERK TO CORRECT 14 KERN COUNTY SHERIFF’S COURT RECORD DEPARTMENT, et al., 15 Defendants. 16

17 18 David Brandon Draughn (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the 20 Complaint commencing this action on March 4, 2022. (ECF No. 1.) 21 On November 2, 2022, Plaintiff filed a notice requesting the Court to make two 22 corrections to the Court’s record. Plaintiff asserts that Defendant Jason Luker’s badge number, 23 written on the Court’s record as #20348, should be corrected to #203048, and the spelling of 24 Defendant Youngblood’s last name, misspelled as Youngbloed, should be corrected to 25 Youngblood. 26 Pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, “the court may correct a 27 clerical mistake or a mistake arising from oversight or omission whenever one is found in a 28 judgment, order, or other part of the record.” Fed. R. Civ. P 60(a). See also Icho v. Hammer, 1 434 F. App’x 588, 589 (9th Cir. 2011) (“the district court did not abuse its discretion in correcting 2 the [Plaintiff’s incorrect] spelling of [the Defendant’s] last name under Rule 60(a)”). 3 It appears that the spelling of Defendant Youngblood’s last name has already been 4 corrected on the Court’s record. However, the Court shall direct the Clerk to make a correction 5 to Defendant Jason Luker’s badge number. 6 Accordingly, that the Clerk of Court is DIRECTED to correct Defendant Jason Luker’s 7 badge number from #20348 to #203048 on the Court’s record. 8 IT IS SO ORDERED. 9

10 Dated: November 17, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11

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