Hurt v. Bush

Filing 4

ORDER CONSTRUING DOCUMENT AS NOTICE OF APPEAL AND DENYING REQUEST TO PROCEED ON APPEAL IN FORMA PAUPERIS AND FOR APPOINTMENT OF COUNSELre 3 Received Document filed by Tyrone Hurt. Signed by Judge Edward M. Chen on 4/18/14. (Attachments: # 1 Certificate/Proof of Service)(bpf, COURT STAFF) (Filed on 4/18/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TYRONE HURT

No. MC-14-80045 EMC

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Plaintiff,
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v.
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For the Northern District of California

United States District Court

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RICHARD M. NIXON, and GEORGE W.
BUSH

ORDER CONSTRUING DOCUMENT AS
NOTICE OF APPEAL AND DENYING
REQUEST TO PROCEED ON APPEAL
IN FORMA PAUPERIS AND FOR
APPOINTMENT OF COUNSEL

Defendant.
___________________________________/

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On March 5, 2014, this Court rejected Plaintiff’s complaint in this action pursuant to the pre-

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filing order issued in Hurt v. All Sweepstakes Contests No. C-12-4187 EMC, 2013 WL 144047, at

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*8 (N.D. Cal. Jan. 11, 2013). This case was one of fourteen complaints submitted for review by

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Plaintiff on February 13, 2014.

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On March 12, 2014, Plaintiff filed a document entitled “motion for notice of appeal informa

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pauperis [sic]” in each of the fourteen cases. The Court construes this document as Plaintiff’s

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notice of appeal from this Court’s rejection of the instant complaint.

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Further, Plaintiff seeks leave to appeal in forma pauperis and for the appointment of counsel.

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Plaintiffs’ requests are DENIED. The Court finds the instant appeal to be frivolous as the complaint

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contained incoherent allegations, sought outlandish relief, and otherwise plainly failed to state a

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claim upon which relief can be granted, as discussed in the underlying order rejecting the complaint.

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See 28 U.S.C. § 1915(a)(2) (“An appeal may not be taken in forma pauperis if the trial court certifies

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in writing that it is not taken in good faith.”); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th

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Cir. 2002) (construing “in good faith” to mean “non-frivolous”).

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This Court’s denial of Plaintiff’s request for in forma pauperis status on appeal and for the

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appointment of counsel is without prejudice to Plaintiff renewing the requests before the United

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States Court of Appeals for the Ninth Circuit. See Fed. R. App. P. 24(a)(5) (detailing the procedure

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necessary for bringing a motion before the court of appeals to proceed in forma pauperis on appeal).

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IT IS SO ORDERED

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Dated: April 18, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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