Moore v. County of Butte et al

Filing 27

ORDER signed by Judge Kimberly J. Mueller on 2/16/12; This appeal is not taken in good faith; Plaintiff's second motion for the appointment of counsel on appeal (Doc. 26) is denied without prejudice to renewing the motion in the Ninth Circuit Court of Appeals; 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.(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LESLIE MOORE,
Plaintiff,

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vs.

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No. CIV S-10-0713-KJM-CMK

ORDER

COUNTY OF BUTTE, et al.,
Defendants.

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/

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Plaintiff, who is proceeding pro se and in forma pauperis, appeals the court's final

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judgment entered on December 2, 2011. The matter was referred to the undersigned by the

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Ninth Circuit Court of Appeals to certify whether the appeal is taken in good faith. See 28

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U.S.C.

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not taken in good faith. As set forth in the magistrate judge’s July 22, 2011, findings and

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recommendations, plaintiff failed to allege facts to support a claim in federal court. More

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specifically, plaintiff’s allegations related to complaints of impropriety surrounding her divorce

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and custody proceedings. She specifically states that these issues were litigated and decided

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against her in state court. This court concluded that it should abstain and that any remedies

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available to plaintiff lie in state court. This court cannot see any arguable basis in law or fact to

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challenge this conclusion. The appeal, therefore, appears frivolous.

§ 1915(a)(3). Having reviewed the entire file, the court concludes that the appeal is

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This appeal is not taken in good faith;

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2.

Plaintiff’s second motion for the appointment of counsel on appeal (Doc.

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26) is denied without prejudice to renewing the motion in the Ninth Circuit Court of Appeals;

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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: February 16, 2012.

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UNITED STATES DISTRICT JUDGE

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