Gonzales v. Rutledge et al

Filing 20

ORDER Directing Clerk of Court to Forward Motion to Withdraw to Ninth Circuit Court of Appeals; ORDER Denying 18 Motion to Proceed IFP on Appeal as Moot signed by Chief Judge Lawrence J. O'Neill on 01/11/2018. (Flores, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 GERARDO GONZALES, 10 11 12 13 14 15 16 17 Plaintiff, v. BILL RUTLEDGE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:17-cv-00387-LJO-BAM ORDER DIRECTING CLERK OF COURT TO FORWARD MOTION TO WITHDRAW TO NINTH CIRCUIT COURT OF APPEALS (Doc. No. 19) ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL AS MOOT (Doc. No. 18) 18 Plaintiff Gerardo Gonzales (“Plaintiff”), proceeding pro se, initiated this civil action on 19 March 16, 2017. On December 14, 2017, the Court dismissed this action based on Plaintiff’s 20 failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915, and 21 judgment was entered. (Doc. Nos. 13 and 14.) Plaintiff filed a notice of appeal, which was 22 processed to United States Court of Appeals for the Ninth Circuit. (Doc. Nos. 15 and 16.) 23 On January 4, 2018, Plaintiff filed an application to proceed in forma pauperis on appeal. 24 (Doc. No. 18.) Shortly thereafter, on January 8, 2018, Plaintiff filed a document titled, “Motion 25 to Withdraw Appeal.” (Doc. No. 19.) In that document, Plaintiff states that he “wishes to 26 withdraw his request for appeal on case 1:17-cv-00387-LJO-BAM.” (Id.at p. 1.) Plaintiff also 27 28 1 1 states that “[d]ue to unforeseen circumstances in State Court, and needs to refile as advised by 2 Fifth District Court of Appeals, Fresno.” (Id.) 3 Although Plaintiff’s motion does not provide significant information or clear explanation, 4 it is apparent that Plaintiff wishes to withdraw his appeal in this action. As there is no indication 5 that Plaintiff concurrently filed his motion in the appellate court, Plaintiff’s motion will be 6 forwarded to the Ninth Circuit for consideration and the motion will be terminated on this 7 Court’s docket. Additionally, Plaintiff’s pending motion to proceed in forma pauperis on appeal 8 shall be denied as moot. 9 Based on the above, IT IS HEREBY ORDERED as follows: 10 1. The Clerk of the Court is respectfully directed to forward a copy of Plaintiff’s Motion 11 to Withdraw Appeal (Doc. No. 19) to the United States Court of Appeals for the 12 Ninth Circuit and terminate the motion on this Court’s docket; and 13 2. Plaintiff’s motion to proceed in forma pauperis on appeal (Doc. No. 18) is denied as moot. 14 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ January 11, 2018 UNITED STATES CHIEF DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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