Huff v. United States of America

Filing 62

ORDER Denying as moot 60 Motion to Appoint Counsel and 61 Motion for Court Order for Pre-trial Payment. IT IS FURTHER ORDERED that no further pleadings from Plaintiff will be accepted for filing in this action WITHOUT PRIOR APPROVAL FROM THE COURT. Signed by Judge Jennifer A. Dorsey on 4/23/14. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 Keith Hoff, 10 11 12 Case No.: 2:12-cv-00235-JAD-PAL Plaintiff Order Denying Motion for Appointment of Counsel [Doc. 60] and Denying Motion for Court Order for Pre-trial Payment [Doc. 61] v. United States et al., 13 Defendants 14 15 This 42 U.S.C. § 1981 civil-rights action was dismissed with prejudice on August 23, 2013.1 16 The district court denied plaintiff Keith Hoff’s motion to reopen the case on December 4, 2013, and 17 the Ninth Circuit dismissed Hoff’s appeal for failure to pay docketing fees on January 24, 2014.2 18 Hoff now brings a motion for appointment of counsel and a motion for court order for pre-trial 19 payment.3 When a case is involuntarily dismissed with prejudice, however, this “operates as an 20 adjudication on the merits.”4 In other words, the court has determined that the claims raised in this 21 case can no longer be pursued through litigation. There will be no trial. 22 23 24 1 Doc. 44. 25 2 Docs. 52, 55. 26 3 27 4 28 Docs. 60, 61. See Fed. R. Civ. P. 41(b). 1 1 Accordingly, and with good cause appearing, 2 It is hereby ORDERED that Plaintiff Keith Hoff’s motion for appointment of counsel [Doc. 3 4 5 6 7 8 60] is DENIED as moot. It is further ORDERED that Plaintiff’s motion for court order for pre-trial payment [Doc. 61] is DENIED as moot. It is further ORDERED that no further pleadings from Plaintiff will be accepted for filing in this action without prior approval from the court. DATED April 23, 2014. 9 10 11 _________________________________ Jennifer A. Dorsey United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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