Weldon v. Kapetan et al

Filing 21

ORDER Denying 20 Motion for Reconsideration, signed by Chief Judge Lawrence J. O'Neill on 7/13/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL WELDON,

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Plaintiff,

Case No. 1:17-cv-001536-LJO SKO (PC)
Appeal No. 18-16000
ORDER DENYING MOTION FOR
RECONSIDERATION

v.
JONATHAN NICHOLAS KAPETAN, et
al.,

(Doc. 20)

Defendants.

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Plaintiff, Paul Weldon, is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action filed pursuant to 42 U.S.C. § 1983 (“Section 1983”). On May 9, 2018, the
Court dismissed the action without leave to amend. (Docs. 10 & 11) Plaintiff filed a notice of
appeal on May 30, 2018 (Doc. 15), and on June 1, 2017, the United States Court of Appeals for
the Ninth Circuit referred the matter to this court for a determination, under Federal Rule of
Appellate Procedure 24(a)(3)(A), whether the appeal is frivolous or taken in bad faith (Doc. 18).
On June 11, 2018, the Court ruled that the appeal was not taken in good faith because it
did not demonstrate any legitimate grounds for appeal. (Doc. 18.) On July 10, 2018, Plaintiff
filed a motion for reconsideration of the Court’s June 11, 2018 order. (Doc. 20.) The Court has
reviewed the motion and finds it without merit, having raised no arguments or facts that would
call into question the Court’s finding that the appeal is frivolous. Therefore, the motion for
reconsideration is DENIED.
IT IS SO ORDERED.

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Dated:
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/s/ Lawrence J. O’Neill _____

July 13, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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