Legal Question in Appeals and Writs in California
appeal- case dismissal
My civil case in federal court was dismissed because I failed to amend my case the proper way. I did send a copy of the amended complaint case to the US attorney when the judge granted me leave to do so.What is my recourse now. I requested an attorney because of my low income and homeless. The judge denied my request for an attorney and did not explain why. What legal steps can I take now to appeal the judge's dismissal and have my case reinstated. Thanks
2 Answers from Attorneys
Re: appeal- case dismissal
You'd have to file a motion to set aside the order, or file a writ/appeal as the case may be, and do so timely. To succeed with that, which is not assured, you'll have to convince the judge or appellate judges you have legal and factual grounds for relief. You obviously didn't know how do things right so far, but you're going to have to learn. If you can't afford counsel, start reading up in the law library.
Re: appeal- case dismissal
You can appeal the court's ruling, assuming you have a valid basis. Failure to amend a complaint should have been a fairly simple thing to resolve.
Depending upon the court's ruling regarding your failure to amend, you may be able to file a new suit. But I suspect that you are barred from doing that.
This is a civil case? Why would the US Attorney's Office be involved?
If it is a civil case, there's no such thing as a right to an attorney.
Good luck.
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