Penney v. Franco et al

Filing 41

ORDER DENYING IFP Application and Motion to Appoint Counsel re 39 , 40 signed by Magistrate Judge Gary S. Austin on 10/25/2011. (Bradley, A)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 DANA PENNEY, 14 15 16 17 18 19 ) ) Plaintiff, ) ) v. ) ) JON FRANCO, LOURDES METTRY, ) JAMES SORENSON, and HECTOR A. ) RIOS, JR. ) Defendants. ) ) _____________________________________ ) 1:09-cv-382 GSA ORDER DENYING IFP APPLICATION AND MOTION TO APPOINT COUNSEL (Docs. 39-40) 20 21 On October 21, 2011, Dana Penny, a state prisoner, filed an Motion to Proceed In Forma 22 Pauperis (Doc. 40) and a Motion to Appoint Counsel . (Doc. 39). However, these motions are 23 denied as they are not properly filed. First, this case was dismissed and it was closed on 24 September 14, 2009. (Doc. 36 and 37). Thus, there are no proceedings currently pending in this 25 court. Second, the docket reflects that when the case was active, counsel of record was Timothy 26 V. Magill. Therefore, Plaintiff may not file documents in this action. 27 28 1 1 2 3 4 Finally, Plaintiff is advised that he may not reopen this matter. If he is attempting to file another case, he must file a separate complaint and an in forma pauperis application. IT IS SO ORDERED. Dated: cf0di0 October 25, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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