Williams v. CSP San Quentin et al

Filing 73

ORDER signed by Senior Judge William B. Shubb on 2/17/16: This appeal is frivolous and not taken in good faith. Plaintiff's in forma pauperis status is appropriately revoked. 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. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNATHAN SAMUEL WILLIAMS,

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No. 2:11-cv-2526-WBS-CMK-P

Plaintiff,
v.

ORDER

KURK, et al.,
Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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

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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. As stated in the magistrate judge’s August 18, 2015, findings and recommendations,

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this action is barred by res judicata. The claims raised in this action were previously addressed in

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a prior action. Following dismissal with prejudice in the prior action, plaintiff filed an appeal of

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that decision. The appeal in that action was dismissed for plaintiff’s failure to pay the filing fees.

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See Willaims v. CDCR, 2:06-cv-2903-MCE-EFB.

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Accordingly, IT IS HEREBY ORDERED that:

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1. 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 Se
Unit at the Ninth Circuit Court of Appeals.

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Dated: February 17, 2016

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