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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NOT FOR CITATION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PAUL ALYWEN REDD, JR., Plaintiff, vs. EDWARD ALAMEIDA, et al., Defendants.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

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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

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