Ferguson v. State Bar Of Nevada et al

Filing 14

ORDER DISMISSING CASE with Prejudice. Clerk shall Strike 12 Memorandum and 13 Letter. Clerk shall enter judgment accordingly and close this case. IT IS FURTHER ORDERED that this court CERTIFIES that any in forma pauperis appeal from its Order would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge Roger L. Hunt on 6/6/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANGELO FERGUSON,
#1893172

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Plaintiff,

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vs.

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STATE BAR OF NEVADA, et al.,

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Defendants.

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2:11-cv-00256-RLH-GWF
ORDER

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This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983. On April 14,

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2011, the court dismissed plaintiff’s complaint with leave to file an amended complaint regarding his

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Eighth Amendment medical claim only (docket #5). Plaintiff has filed a motion for appointment of

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counsel (docket #7), which this court denied on May 25, 2011 (docket #11). However, more than the

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allotted time has passed, and plaintiff has not filed an amended complaint. Accordingly, plaintiff’s

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action must be dismissed with prejudice for failure to state a claim for which relief may be granted.

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Next, plaintiff has filed a “memorandum” (docket #12) as well as a “letter” (docket #13).

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Such ex parte communications with the court are improper, see Local Rule 7-6(a), and shall be stricken.

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Finally, this court certifies that any in forma pauperis appeal from its Order would not

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be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S.

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438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted

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to proceed in forma pauperis on appeal only if appeal would not be frivolous).

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IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice for
failure to state a claim for which relief may be granted.
IT IS FURTHER ORDERED that the Clerk shall STRIKE the following documents
filed by plaintiff: memorandum (docket #12) and letter (docket #13).
IT IS FURTHER ORDERED that the Clerk shall ENTER JUDGMENT accordingly
and close this case.
IT IS FURTHER ORDERED that this court CERTIFIES that any in forma pauperis
appeal from its Order would not be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3).

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DATED this

6th

day of

June

, 2011.

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_________________________________
UNITED STATES DISTRICT JUDGE

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