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)

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