Eichler v. Tilton et al

Filing 24

ORDER signed by Judge Morrison C. England, Jr on 6/24/11 ORDERING that this appeal is not taken in good faith; The Clerk is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE EICHLER,

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No. CIV S-09-1032-MCE-CMK-P

Plaintiff,

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vs.

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J. TILTON, et al.,

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ORDER

Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. The matter was referred to the court by the Ninth Circuit Court of Appeals

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to certify whether the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3).

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Having reviewed the entire file, the court certifies that the appeal is not taken in

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good faith. For the reasons stated in the court’s April 15, 2011, findings and recommendations,

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plaintiff has not stated a claim upon which relief can be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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///

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The appeal is not taken in good faith; and

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The Clerk of the Court is directed to serve a copy of this order on the Pro

Se Unit at the Ninth Circuit Court of Appeals.
Dated: June 24, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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