Bolin v. Northern District Court

Background

Paul C. Bolin, identified in the opinion as a state prisoner, filed a civil-rights complaint under 42 U.S.C. § 1983 concerning alleged wrongdoing by a Ninth Circuit clerk and deputy clerk in connection with his federal habeas appeal. In the earlier related proceeding, the court denied his request to proceed without paying the filing fee under 28 U.S.C. § 1915(g). The court found that he had at least three prior prisoner actions dismissed on specified grounds and that he was not alleging an imminent danger of serious physical injury. After considering his response, the court dismissed that earlier action without prejudice to filing a new paid complaint.

Current Filing

Bolin later prepared a pleading titled “Appeal from District Court Case” and submitted it to the Eastern District of California. The clerk treated the filing as a new prisoner civil-rights case, and the assigned magistrate judge transferred it to the Northern District of California. The case was then assigned a new case number.

Court’s Ruling

The court held that Bolin could not appeal the dismissal of the earlier civil-rights case by filing a new civil-rights case. Under Federal Rule of Appellate Procedure 3(a)(1), an appeal must be started by filing a valid notice of appeal in the district court. The notice must identify the appellant, the judgment or order being appealed, and the court to which the appeal is taken.

The court dismissed this case without prejudice to Bolin filing a notice of appeal from the earlier dismissal order. The court advised that a late notice of appeal would need to be accompanied by a motion seeking an extension of the appeal deadline and the required appellate filing fee. Judge Charles R. Breyer directed the clerk to close the case and terminate all pending motions as moot. The court did not decide the merits of Bolin’s underlying allegations.