Redd v. Golden Hill Subacute and Rehabilitation Center et al

Filing 8

ORDER Denying 7 Motion for Appointment of Attorney. Signed by Judge Janis L. Sammartino on 11/19/2020. (All non-registered users served via U.S. Mail Service) (tcf)

Case 3:15-cv-01588-JLS-BGS Document 8 Filed 11/19/20 PageID.39 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RALPH DARNELL REDD,

Case No.: 3:15-cv1588-JLS-BGS
Plaintiff,

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v.

ORDER DENYING MOTION FOR
APPOINTMENT OF ATTORNEY

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GOLDEN HILL SUBACUTE AND
REHABILITATION CENTER; and
SHARP MEMORIAL HOSPITAL,

(ECF No. 7)

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Defendants.

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Plaintiff Ralph Darnell Redd, currently incarcerated at Federal Correctional

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Institution located in Mendota, California, and proceeding pro se, has filed a Motion for

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Appointment of Attorney (ECF No. 7).

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On July 16, 2015, Plaintiff filed a civil rights complaint (“Compl.”) pursuant to 42

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U.S.C. § 1983, along with an application to proceed in forma pauperis. (ECF Nos. 1, 2.)

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On July 29, 2015, Plaintiff submitted correspondence to this Court that indicated that he

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intended to file an amended complaint in Redd v. Golden Hill, et al., S.D. Cal. Civil Case

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No. 15cv0880 BEN (NLS), rather than a new and separate action. (See ECF No. 4.) On

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August 10, 2015, this Court dismissed the Complaint and directed the Clerk of Court to

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file the Complaint as an Amended Complaint in Redd v. Golden Hill, et al., S.D. Cal. Civil
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3:15-cv1588-JLS-BGS

Case 3:15-cv-01588-JLS-BGS Document 8 Filed 11/19/20 PageID.40 Page 2 of 2

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Case No. 15cv0880 BEN (NLS). (See ECF No. 5.)

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On November 17, 2020, Plaintiff submitted the present Motion for Appointment of

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Attorney. Because well over five years have passed since Plaintiff’s case was closed, the

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Court declines to reopen Plaintiff’s case. If Plaintiff would like to pursue an alleged civil

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rights violation under 42 U.S.C. § 1983, he must (1) submit a new Complaint, which will

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be opened as a new case and given a new case number, and (2) pay the requisite $5.00

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filing fee or move to proceed in forma pauperis in that new case.

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Accordingly, this action REMAINS DISMISSED. This case remains CLOSED.

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IT IS SO ORDERED.

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Dated: November 19, 2020

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