Diveley v. JulianDiveley v. Julian
Before the Court are self-represented Plaintiff Rickey Diveley‘s Motion for Leave to File an Amended Complaint, second Application to Proceed in District Court Without Prepaying Fees or Costs,1 and Motion for Appointment of Counsel. See Docs. [6], [7] and [8]. On June 12, 2026, the Court stayed the matter pursuant to Younger v. Harris, 401 U.S. 37 (1971), and administratively closed this action pending the final resolution, including any appeals and post-conviction motions, of Plaintiff‘s state court criminal proceedings in State v. Diveley, Jr., No. 25JE-CR01965-01 (23rd Jud. Cir. Jefferson County). Plaintiff‘s state court criminal matter is still pending. See id. Plaintiff‘s motions are therefore denied.
IT IS HEREBY ORDERED that Plaintiff‘s second Application to Proceed in District Court Without Prepaying Fees and Costs, Doc. [7], is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff‘s Motion for Leave to File an Amended Complaint, Doc. [6], is DENIED without prejudice.
IT IS FINALLY ORDERED that Plaintiff‘s Motion for Appointment of Counsel, Doc. [8], is DENIED without prejudice.
An appeal of this Order would not be taken in good faith.
Dated this 5th day of August, 2026.
SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE