Huang v. Bell et al

Filing 92

ORDER DENYING 84 , 85 , 89 , 90 MOTIONS FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS AND FOR APPOINTMENT OF APPELLATE COUNSEL. Signed by Judge Jeremy Fogel on 7/15/2010. (jflc2, COURT STAFF) (Filed on 7/15/2010)

Huang v. Bell et al

Doc. 92

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**E-Filed 7/15/2010**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

YONG TAN HUANG, Plaintiff, v. TIM BELL, et al., Defendants.

Case Number C 09-5099 JF (PVT) ORDER1 DENYING MOTIONS FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS AND FOR APPOINTMENT OF APPELLATE COUNSEL

Plaintiff filed this action on October 26, 2009. He requested leave to proceed in forma pauperis and requested appointment of counsel. The Court denied both requests. With respect to the in forma pauperis application, the Court concluded that "[a]s presently drafted, the complaint appears to be without merit in that it fails to set forth a cognizable claim against either of the two named defendants." Doc. No. 10, Order of 12/7/2009, at p. 2. With respect to the application for appointment of counsel, the Court noted that "[t]he purpose of Plaintiff's complaint appears to be an appeal of a state court's ruling. This Court lacks jurisdiction to hear

This disposition is not designated for publication in the official reports.

C a s e No. C 09-5099 JF (PVT) O R D E R DENYING MOTIONS FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS (JFLC2)

Dockets.Justia.com

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such claims." Doc. No. 7, Order of 11/16/2009, at p. 2. On February 2, 2010, the Court dismissed the action without prejudice for failure to pay the filing fee. The Court denied Plaintiff's subsequent motion for relief. On June 7, 2010, Plaintiff filed a notice of appeal. On June 23, 2010, Plaintiff filed a motion for leave to proceed on appeal in forma pauperis and a motion for appointment of appellate counsel. On July 1, 2010 and July 7, 2010, Plaintiff filed additional motions for leave to proceed on appeal in forma pauperis. Plaintiff's motions are DENIED. Plaintiff failed to pay the filing fee within the time provided and his action was dismissed without prejudice on that basis. Plaintiff has failed to present any facts indicating that the dismissal was in error or that he could state a cognizable claim even if the action were reinstated. Plaintiff is advised that he may file applications for in forma pauperis status and for appointment of counsel in the Court of Appeals.

DATED: July 15, 2010 __________________________________ JEREMY FOGEL United States District Judge

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C a se No. C 09-5099 JF (PVT) O R D E R DENYING MOTIONS FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS (JFLC2)

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Copies of Order served on:

Yong Tan Huang 345 N. 5th Street San Jose, CA 95112 Hugh Francis Lennon [e-mail], [e-mail]

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C a se No. C 09-5099 JF (PVT) O R D E R DENYING MOTIONS FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS (JFLC2)