Jefferson v. Save Mart Supermarket et al

Filing 54

ORDER signed by Magistrate Judge Gregory G. Hollows on 05/27/11 ORDERING that plf's 49 Notice of Appeal is not taken in good faith; plf's 48 Motion to Proceed IFP is DENIED; Clerk to serve USCA (cc: USCA). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EDWARD JEFFERSON,

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Plaintiff,

No. CIV S-09-2562 FCD GGH PS

vs.

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SAVE MART SUPERMARKET, a
Ca. Corp., dba FOODMAXX, et al.,

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Defendants.

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ORDER
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Plaintiff, an individual proceeding in forma pauperis, sought relief pursuant to 42

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U.S.C. § 1983 and the First Amendment. Judgment was entered in this action on April 25, 2011.

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On May 10, 2011, plaintiff filed a notice of appeal. The appeal has since been processed to the

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Ninth Circuit Court of Appeals.

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Pending before the court is plaintiff’s May 10, 2011, motion for leave to proceed

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in forma pauperis on appeal, and the Ninth Circuit Court’s referral notice, issued May 18, 2011.

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The Federal Rules of Appellate Procedure provide as follows:

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A party who was permitted to proceed in forma pauperis in the
district- court action . . . may proceed on appeal in forma pauperis
without further authorization unless . . . the district court ...
certifies that the appeal is not taken in good faith or finds that the
party is not otherwise entitled to proceed in forma pauperis. . . .

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Fed. R. App. P. 24(a). Plaintiff filed no opposition to the motions to dismiss. The district court

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found that plaintiff’s action was without merit. On these bases, the court finds that plaintiff’s

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appeal is not taken in good faith.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s appeal is not taken in good faith.

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2. Plaintiff’s May 10, 2011, motion to proceed in forma pauperis on appeal (dkt.

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no. 48) is denied. See Fed. R. App. P. 24(a).
3. The Clerk of the Court is directed to serve the United States Court of Appeals
for the Ninth Circuit with a copy of this order.
DATED: May 27, 2011

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Jefferson2562.24.wpd

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