Geren v. Cate, et al

Filing 56

ORDER signed by Judge Garland E. Burrell, Jr on 11/1/12 re 54 Referral Notice. IT IS HEREBY ORDERED that this appeal is frivolous and not taken in good faither; plaintiff's in forma pauperis status is appropriately revoked; 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: COA). (Meuleman, 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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RANDY JAMES GEREN,

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No. CIV S-10-0206-GEB-CMK-P

Plaintiff,

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vs.

ORDER

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MATTHEW CATE, et al.,

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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 concludes that the appeal is not taken in

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good faith. For the reasons stated in the court’s October 19, 2011, findings and

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recommendations, 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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This appeal is frivolous and not taken in good faith;

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2.

Plaintiff’s in forma pauperis status is appropriately revoked; and

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3.

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, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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