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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERARDO GONZALES,

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Plaintiff,
v.
BILL RUTLEDGE, et al.,
Defendants.

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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)

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Plaintiff Gerardo Gonzales (“Plaintiff”), proceeding pro se, initiated this civil action on

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March 16, 2017. On December 14, 2017, the Court dismissed this action based on Plaintiff’s

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failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915, and

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judgment was entered. (Doc. Nos. 13 and 14.) Plaintiff filed a notice of appeal, which was

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processed to United States Court of Appeals for the Ninth Circuit. (Doc. Nos. 15 and 16.)

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On January 4, 2018, Plaintiff filed an application to proceed in forma pauperis on appeal.

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(Doc. No. 18.) Shortly thereafter, on January 8, 2018, Plaintiff filed a document titled, “Motion

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to Withdraw Appeal.” (Doc. No. 19.) In that document, Plaintiff states that he “wishes to

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withdraw his request for appeal on case 1:17-cv-00387-LJO-BAM.” (Id.at p. 1.) Plaintiff also

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states that “[d]ue to unforeseen circumstances in State Court, and needs to refile as advised by

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Fifth District Court of Appeals, Fresno.” (Id.)

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Although Plaintiff’s motion does not provide significant information or clear explanation,

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it is apparent that Plaintiff wishes to withdraw his appeal in this action. As there is no indication

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that Plaintiff concurrently filed his motion in the appellate court, Plaintiff’s motion will be

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forwarded to the Ninth Circuit for consideration and the motion will be terminated on this

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Court’s docket. Additionally, Plaintiff’s pending motion to proceed in forma pauperis on appeal

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shall be denied as moot.

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Based on the above, IT IS HEREBY ORDERED as follows:

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1. The Clerk of the Court is respectfully directed to forward a copy of Plaintiff’s Motion

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to Withdraw Appeal (Doc. No. 19) to the United States Court of Appeals for the

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Ninth Circuit and terminate the motion on this Court’s docket; and

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2. Plaintiff’s motion to proceed in forma pauperis on appeal (Doc. No. 18) is denied as
moot.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

January 11, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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