Chapa v. Alvarez et al

Filing 37

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)

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KM

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ralph John Chapa,

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No. CV 12-293-PHX-DGC (DKD)
Plaintiff,

vs.

ORDER

Jeffrey Alvarez, et al.,

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Defendants.

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Plaintiff Ralph John Chapa, who is confined in Maricopa County Fourth Avenue

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Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application

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to Proceed In Forma Pauperis. The Court granted Plaintiff in forma pauperis status and

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dismissed the Complaint with leave to amend. Plaintiff filed an Amended Complaint. In

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a February 12, 2013 screening Order, the Court ordered service of the Amended

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Complaint on Defendant Alvarez and denied Plaintiff’s Motion for Temporary

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Restraining Order and Preliminary Injunction.

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On March 19, 2013, Plaintiff filed a Notice of Interlocutory Appeal, appealing

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denial of the Motion for Temporary Restraining Order and Preliminary Injunction. On

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April 3, 2013, the Ninth Circuit Court of Appeals referred the case to this Court for the

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limited purpose of determining whether Plaintiff’s in forma pauperis status should

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continue on appeal.

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Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma

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pauperis if the trial court certifies in writing that it is not taken in good faith.” The Court

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has reviewed the February 12, 2013 screening Order and finds that the appeal is not taken

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in good faith.

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IT IS ORDERED that the Court finds, pursuant to 28 U.S.C. § 1915(a)(3), that

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Plaintiff’s interlocutory appeal is not taken in good faith. The Clerk of Court must

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forward a copy of this order to the United States Court of Appeals for the Ninth Circuit.

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Dated this 16th day of April, 2013.

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