Mattingly

Mattingly v. Justice

Good Law
United States District Court, Northern District of CaliforniaSeptember 3, 20243:24-cv-03061California364 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARGURIETE MATTINGLY, Case No. 24-cv-03061-EMC

Plaintiff,

ORDER RE DEFENDANT’S NOTICE

v.

HILLARY CARLVIN JUSTICE, Docket No. 30 Defendant.

12 13 Defendant has filed a document titled “Notice with leave to set aside attach[ed] Order for good cause, Title 28 USC § 455.” The attached order is the Court’s corrected order denying Defendant’s motion for leave to proceed on appeal in forma pauperis (“IFP”). To the extent Defendant is contesting the Court’s ruling denying him the right to proceed on appeal IFP, he must seek relief with the Ninth Circuit, not this Court. See Fed. R. App. P. 24(a)(5) (providing that “[a] party may file a motion to proceed on appeal in forma pauperis in the court of appeals within 30 days after service of the notice prescribed in Rule 24(a)(4) [where a district court denies a motion to proceed on appeal IFP]”). It is not clear from the content of Defendant’s filing whether he seeks any other relief, in …

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