Sonntag v. Nevada County et al

Filing 46

ORDER signed by Magistrate Judge Craig M. Kellison on 11/1/11 ORDERING that this appeal is taken in good faith; and 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. (cc Ninth Circuit)(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON ERIC SONNTAG,

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Plaintiff,
vs.

ORDER

NEVADA COUNTY, et al.,
Defendants.

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No. CIV S-09-1224-CMK-P

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

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pursuant to 42 U.S.C. § 1983. Pursuant to the written consented of all parties, this case was

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assigned to the undersigned as the presiding judge for all purposes, including entry of final

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judgment. See 28 U.S.C. § 636(c).

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The matter was referred to the undersigned 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). Having

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reviewed the entire file, the court concludes that the appeal is taken in good faith. The court

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granted the defendants’ motion to dismiss this action for plaintiff’s failure to state a claim upon

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which relief can be granted, based on the decision of Heck v. Humphrey, 512 U.S. 477 (1994).

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Plaintiff failed to address the issue in his opposition to the motion to dismiss. To the extent
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plaintiff’s claim is not based on his underlying conviction, his appeal would be in good faith.

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Thus, providing plaintiff the benefit of doubt, the undersign will certify the appeal is in good

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faith.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This appeal is taken in good faith; and

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2.

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

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Se Unit at the Ninth Circuit Court of Appeals.

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DATED: November 1, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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