Torres v. Saba et al

Filing 207

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AS MOOT AND RE: REQUEST FOR CLARIFICATION in case 3:16-cv-06607-SI; finding as moot (11) Motion to Appoint Counsel in case 3:23-cv-04276-SI. (Illston, Susan) (Filed on 9/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Hard copy placed to be mailed on 9/19/2023. (ec, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TORRES,
Plaintiff,

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v.

United States District Court
Northern District of California

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ELLEN MCDONNELL, et al.,
Defendants.

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Case No. 23-cv-04276-SI
Related Case No. 16-6607 SI
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL AS
MOOT AND RE: REQUEST FOR
CLARIFICATION
Re: Dkt. Nos. 12, 13

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The Court has received two filings from Mr. Torres: (1) a motion for appointment of counsel

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and (2) a “request for clarification and request that this Court take notice.” Dkt. Nos. 12-13. The

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latter requests clarification about the Court’s order relating this case to an earlier case, Torres v.

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Hansen et al., Case No. 16-6607 SI, over which the undersigned judge is currently presiding. It

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appears that Mr. Torres filed these documents before receiving1 this Court’s September 8, 2023
order dismissing the complaint in Torres v. McDonnell et al., Case No. 23-4276, without leave to
amend. Dkt. No. 8. The Court also entered judgment on September 8, 2023. Dkt. No. 9.
Because this case is now closed, the Court DENIES AS MOOT the motion to appoint
counsel. As to Mr. Torres’ request for clarification, the Court advises Mr. Torres that Case No. 234276 was “related” – and therefore reassigned to this judge – because the allegations of that
complaint were in large part related to the earlier case, Case No. 16-6607. However, the cases were
not consolidated and remained separate actions; Case No. 16-6607 is ongoing and set for trial on

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The Clerk sent a copy of the Court’s orders and judgment to Mr. Torres by mail on
September 13, 2023.
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November 6, 2023, and Case No. 23-4276 has been dismissed and is closed.

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IT IS SO ORDERED.

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Dated: September 19, 2023

______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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