Eric Smith v. Board of Trustees et al

Filing 25

MINUTE (IN CHAMBERS) ORDER CLOSING CASE by Judge Beverly Reid O'Connell: To date, Plaintiff has failed to file any amended pleading. Thus, no operative pleading is pending before the Court at this time. Plaintiff's claim remains dismissed and the Court hereby closes the case. (Made JS-6. Case Terminated.) (jp)

JS-6

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 17-01133 BRO (Ex)

Title

ERIC SMITH V. BOARD OF TRUSTEES ET AL.

Date

August 8, 2017

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER CLOSING CASE
On February 13, 2017, Plaintiff filed his operative Complaint (the “Complaint”) in
the Central District of California, against Defendants Board of Trustees (“BOT”) and
California State University, Fullerton (collectively, “Defendants”). (See Dkt. No. 1
(hereinafter, “Compl.”).) Plaintiff brings a claim for violation of due process under the
Fourteenth Amendment. (See Compl. at 6.) This claim is premised upon Defendants’
alleged dismissal of Plaintiff from California State University, Fullerton without first
holding a hearing. (See id. at 7–8, ¶ 23.) Also on February 13, 2017, Plaintiff filed a
Request for Appointment of Counsel arguing that he is entitled to appointment of counsel
because the court’s staff and judges are biased against him. (Dkt. No. 4 (hereinafter,
“Request for Counsel”) at 2.)
Defendant BOT moved to dismiss Plaintiff’s Complaint on March 24, 2017. (See
Dkt. No. 11.) Concurrently, BOT filed a Request for Judicial Notice. (Dkt. No. 12
(“RJN”).) On March 29, 2017, the Court denied Plaintiff’s Request for Counsel. (See
Dkt. No. 13.) On April 11, 2017, Plaintiff moved for reconsideration of the Court’s
ruling on his Request for Counsel. (See Dkt. No. 14 (“Reconsideration Request”).) On
May 5, 2017, the Court granted BOT’s Motion to Dismiss, and denied Plaintiff’s
Reconsideration Motion. (See Dkt. No. 18 (“Dismissal Order”).) In its Dismissal Order,
the Court granted Plaintiff leave to amend his pleadings by no later than June 5, 2017.
(See Dismissal Order at 15.) On May 15, 2017, Plaintiff appealed the Court’s Dismissal
Order to the United States Court of Appeals for the Ninth Circuit. (See Dkt. No. 19.)
Also on May 15, 2017, Plaintiff sought leave to appeal in forma pauperis, (Dkt. No. 20),
which the Court denied, (Dkt. No. 22).
CV-90 (06/04)

CIVIL MINUTES – GENERAL

Page 1 of 2

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 17-01133 BRO (Ex)

Title

ERIC SMITH V. BOARD OF TRUSTEES ET AL.

Date

August 8, 2017

To date, Plaintiff has failed to file any amended pleading. Thus, no operative
pleading is pending before the Court at this time. Plaintiff’s claim remains dismissed and
the Court hereby closes the case.

:

IT IS SO ORDERED.
Initials of Preparer

rf

CV-90 (06/04)

CIVIL MINUTES – GENERAL

Page 2 of 2