Chapa v. Arpaio et al

Filing 27

ORDER that the Court finds, pursuant to 28 U.S.C. § 1915(a)(3), that Plaintiff's interlocutory appeal 20 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 12-2482-PHX-DGC (DKD)
Plaintiff,

vs.

ORDER

Joseph M. Arpaio, et al.,
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.

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dismissed Defendants Maricopa County Board of Supervisors, Brock, Stapley, Wilson,

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Wilcox, Brewer, Beddome, Sergeant Beddome, Campanaro, McCain, Sanchez, Unknown

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Lieutenant, Sergeant A5105, and MCSO Maintenance Supervisors, and required

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Defendant Arpaio to answer the Complaint. The Court also denied Plaintiff’s Motion for

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Temporary Restraining Order and Preliminary Injunction.

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In a February 7, 2013 screening Order, the Court

On February 25, 2013, Plaintiff filed a Motion for Reconsideration, which the
Court denied in a March 5, 2013 Order.

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On March 19, 2013, Plaintiff filed Notice of Interlocutory Appeal. On April 3,

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

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

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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.” For the

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reasons outlined in the February 7, 2013 screening Order, and March 5, 2013 Order

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denying Plaintiff’s Motion for Reconsideration, the Court finds that the appeal is not

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taken 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.
Dated this 16th day of April, 2013.

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