Akbar-Jones v. McDonald et al

Filing 24

ORDER signed by Judge Garland E. Burrell, Jr., on 1/10/13 ORDERING that plaintiff's appeal is not taken in good faith and his 23 request to proceed in forma is denied. (Kastilahn, 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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HAKIM AKBAR-JONES,

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Plaintiff,

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No. 2:11-cv-2627 GEB CKD P

vs.
M. MCDONALD, et al.,

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Defendants.

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ORDER
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Plaintiff has filed a motion requesting leave to proceed in forma pauperis on

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appeal. An appeal may not be taken in forma pauperis if the trial court certifies that the appeal is

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not taken in good faith. 28 U.S.C. § 1915(a)(3). Here, plaintiff appeals the decision to remand

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this action to the Superior Court of Lassen County because there is no federal jurisdiction over

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plaintiff’s claims. This order is not appealable. See 28 U.S.C. § 1447(d). Therefore, plaintiff’s

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appeal is not taken in good faith and his request to proceed in forma pauperis (Dkt. No. 23) is

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denied.

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Dated: January 10, 2013

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