Cruz v. Ortiz

United States District Court for the Northern District of California

Cruz v. Ortiz

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GUILLERMO TRUJILLO CRUZ, Case No. 20-cv-00176-HSG

8 Plaintiff, ORDER DENYING REQUEST FOR APPOINTMENT FOR COUNSEL; 9 v. DENYING REQUEST FOR LEAVE TO PROCEED IN FORMA PAPUERIS ON 10 A. ORTIZ, APPEAL; GRANTING REQUEST FOR COPY OF COMPLAINT 11 Defendant. Re: Dkt. Nos. 12, 13, 14 12 13 Plaintiff filed this pro se civil rights action pursuant to

42 U.S.C. § 1983

. Dkt. No. 1. On 14 March 9, 2020, the Court revoked plaintiff’s in forma pauperis status pursuant to 28 U.S.C. 15 § 1915(g) because, prior to the date that he filed this action, plaintiff had at least three cases 16 dismissed as “strikes” within the meaning of

28 U.S.C. § 1915

(g). Dkt. No. 6. The Court ordered 17 plaintiff to pay the filing and administrative fees in full if he wished to proceed with the action. 18 Dkt. No. 6. On April 29, 2020, the Court dismissed this action for failure to pay the filing and 19 administrative fees and entered judgment in favor of defendants. Dkt. Nos. 7, 8. On May 18, 20 2020, plaintiff filed a notice of appeal with the Ninth Circuit Court of Appeals. Dkt. No. 9. Now 21 pending before the Court are plaintiff’s motions for appointment of counsel (Dkt. No. 12); to 22 proceed in forma pauperis on appeal (Dkt. No. 13);1 and for a copy of the complaint (Dkt. No. 23 14). 24 Plaintiff’s motion requesting appointment of counsel is DENIED as moot. Dkt. No. 12. 25 This case is closed. If plaintiff seeks counsel for his appellate proceedings, he should make that 26

27 1 Plaintiff titles Dkt. No. 13 as “Motion to review order of docketing fees,” but the Court construes 1 request to the Ninth Circuit. 2 Plaintiff's request to proceed in forma pauperis on appeal is DENIED. Dkt. No. 13. The 3 || Court finds that the appeal is not taken in good faith. See

28 U.S.C. § 1915

(a)(3); Hooker v. 4 American Airlines,

302 F.3d 1091, 1092

(9th Cir. 2002). 5 Plaintiffs request for a copy of the complaint is GRANTED. Dkt. No. 14. The Court will 6 || provide plaintiff with a copy of the complaint under separate cover. 7 This order terminates Dkt. Nos. 12, 13, and 14. 8 IT IS SO ORDERED. 9 Dated: 6/22/2020 10 7 Haupurerl Z LM, ah HAYWOOD S. GILLIAM, JR. United States District Judge 12

2B

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= 17

Z 18 19 20 21 22 23 24 25 26 27 28

Reference

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