Henderson v. U.S. District Court for the Northern District of California

Filing 15

ORDER by Judge Jacqueline Scott Corley denying 13 Motion to Appoint Counsel ; denying 14 Motion for Recusal.. (lrcS, COURT STAFF) (Filed on 2/10/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 PHILIP W. HENDERSON, Plaintiff, 10 United States District Court Northern District of California 11 12 13 14 15 v. U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Case No.16-cv-05058-JSC ORDER DENYING APPOINTMENT OF COUNSEL AND CHALLENGING CERTIFICATION OF BAD FAITH Re: Dkt. Nos. 13, 14 Defendant. Plaintiff, a California prisoner, filed this pro se civil action against a federal judge who 16 previously denied his petition for a writ of habeas corpus. The complaint was dismissed for 17 failure to state a cognizable claim for relief, and the Court certified that any appeal would not be 18 taken in good faith for purposes of proceeding in forma pauperis on appeal. See 28 U.S.C. § 19 1915(a)(3); Fed. R. App. 24(a). The Clerk entered judgment and closed the file. Thereafter, 20 Plaintiff filed a motion for appointment of counsel and a motion “challenging improper 21 certification of bad faith” and “requesting recusal.” 22 This Court is not the proper venue for challenging this Court’s determination of bad faith 23 under Section 1915(a)(3). Plaintiff may obtain review of that decision by filing a motion for leave 24 to proceed in forma pauperis on appeal in the United States Court of Appeals. O’Neal v. Price, 25 531 F.3d 1146, 1150 (9th Cir. 2008) (“If upon review of the record [the Ninth Circuit] 26 determine[s] that the district court erred in making a §1915(a)(3) certification, [the Ninth Circuit] 27 may vacate the district court’s certification, grant the prisoner leave to take an appeal in forma 28 pauperis, and construe the prisoner’s motion as a timely notice of appeal.”) (citing 28 U.S.C. § 1 2106). As there is no matter properly pending in this Court in this case, the requests for 2 appointment of counsel and recusal are DENIED as moot. IT IS SO ORDERED. 3 4 Dated: 5 6 JACQUELINE SCOTT CORLEY United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 PHILIP W. HENDERSON, Case No. 16-cv-05058-JSC Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 8 U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Defendant. 9 10 United States District Court Northern District of California 11 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 12 13 14 15 16 That on February 10, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 20 Philip W. Henderson D-36152 Mule Creek State Prison 14-223L P.O. Box 409099 Ione, CA 95640-9000 21 22 Dated: February 10, 2017 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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