Chapa v. Alvarez et al
ORDER that the Court finds, pursuant to 28 U.S.C. § 1915(a)(3), that Plaintiff's interlocutory appeal 31 is not taken in good faith. The Clerk of Court must forward a copy of this order to the United States Court of Appeals for the Ninth Circuit. Signed by Judge David G Campbell on 4/16/2013. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Ralph John Chapa,
No. CV 12-293-PHX-DGC (DKD)
Jeffrey Alvarez, et al.,
Plaintiff Ralph John Chapa, who is confined in Maricopa County Fourth Avenue
Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application
to Proceed In Forma Pauperis. The Court granted Plaintiff in forma pauperis status and
dismissed the Complaint with leave to amend. Plaintiff filed an Amended Complaint. In
a February 12, 2013 screening Order, the Court ordered service of the Amended
Complaint on Defendant Alvarez and denied Plaintiff’s Motion for Temporary
Restraining Order and Preliminary Injunction.
On March 19, 2013, Plaintiff filed a Notice of Interlocutory Appeal, appealing
denial of the Motion for Temporary Restraining Order and Preliminary Injunction. On
April 3, 2013, the Ninth Circuit Court of Appeals referred the case to this Court for the
limited purpose of determining whether Plaintiff’s in forma pauperis status should
continue on appeal.
Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith.” The Court
has reviewed the February 12, 2013 screening Order and finds that the appeal is not taken
in good faith.
IT IS ORDERED that the Court finds, pursuant to 28 U.S.C. § 1915(a)(3), that
Plaintiff’s interlocutory appeal is not taken in good faith. The Clerk of Court must
forward a copy of this order to the United States Court of Appeals for the Ninth Circuit.
Dated this 16th day of April, 2013.
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