Brown v. Pickett et al

Filing 39

ORDER REVOKING Plaintiff's In Forma Pauperis Status on Appeal signed by Chief Judge Anthony W. Ishii on 8/3/2012. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ALFRED BROWN,

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CASE NO. 1:10-cv-00167-AWI-DLB PC
Plaintiff,

ORDER REVOKING PLAINTIFF’S IN
FORMA PAUPERIS STATUS ON APPEAL

v.
CHARLES D. PICKETT, et al.,
Defendants.

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Plaintiff Alfred Brown (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation. Plaintiff was proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff initiated this action by filing his complaint on

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December 31, 2009. On October 12, 2010, Plaintiff’s complaint was dismissed with leave to

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amend. On September 23, 2011, Plaintiff filed his first amended complaint. On April 30, 2012,

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the Court dismissed this action for failure to state a claim. Plaintiff subsequently filed a notice of

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appeal on May 16, 2012. Doc. 33.

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

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the trial court certifies in writing that it is not taken in good faith.” See Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate

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where district court finds the appeal to be frivolous). The Court finds that Plaintiff’s appeal is

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not taken in good faith. Plaintiff’s allegations failed to state a claim. Plaintiff seeks enforcement

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of a settlement agreement for which the district court does not have jurisdiction. Plaintiff also

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failed to state a claim for deliberate indifference to a serious medical need. Plaintiff’s allegations
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failed to demonstrate that Defendants Does 1 through 3, Arroyo, Robbins, Duvall, or

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McGuinness knew of and disregarded an excessive risk of serious harm to Plaintiff.

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Accordingly, Plaintiff’s appeal is not taken in good faith, and is frivolous. Plaintiff’s in
forma pauperis status is HEREBY ORDERED revoked for purposes of his appeal.

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IT IS SO ORDERED.
Dated:
0m8i78

August 3, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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