Paul A. Redd, Jr. v. Alameida, et al

Filing 38

ORDER ADDRESSING POST JUDGMENT MOTIONS re 34 , 35 , 36 . Signed by Judge Jeremy Fogel on 11/4/08. (dlm, COURT STAFF) (Filed on 11/6/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PAUL ALYWEN REDD, JR., Plaintiff, vs. EDWARD ALAMEIDA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 05-3675 JF (PR) ORDER ADDRESSING POST JUDGMENT MOTIONS (Docket Nos. 34, 35 & 36) The Court granted Defendants' motion to dismiss and entered judgment on August 29, 2008. Plaintiff filed a timely motion for extension of time to file a notice of appeal, which the Court granted on October 23, 2008. Therefore, Plaintiff's notice of late appeal filed on October 30, 2008, is timely. Plaintiff has also filed a request for a certificate of appealability, (Docket No. 34), a motion for appointment of counsel (Docket No. 35), and a motion to proceed in forma pauperis on appeal (Docket No. 36.) Plaintiff's request for a certificate of appealability (Docket No. 34) is DENIED as a certificate of appealability is not applicable to 42 U.S.C. 1983 actions. Plaintiff's motion for appointment of counsel (Docket No. 35) is DENIED without prejudice to bringing it directly in the Ninth Circuit. Order Addressing Post Judgment Motions P:\PRO-SE\SJ.JF\CR.05\Redd675.re motions.wpd 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff's motion to proceed in forma pauperis on appeal (Docket No. 36) is DENIED. The appeal is frivolous and not taken in good faith. See 28 U.S.C. 1915(a)(3). IT IS SO ORDERED. 11/4/08 DATED: __________________ JEREMY FOGEL United States District Judge Order Addressing Post Judgment Motions P:\PRO-SE\SJ.JF\CR.05\Redd675.re motions.wpd 2

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