Jones v. Forest Service et al

Filing 32

ORDER signed by Judge Garland E. Burrell, Jr on 11/13/14 ORDERING that This appeal is frivolous and not taken in good faith; Plaintiff's in forma pauperis status is appropriately revoked; and The Clerk of is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL R. JONES,

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No. 2:11-cv-2972-GEB-CMK

Plaintiff,
v.

ORDER

FORREST SERVICE, et al.,
Defendant.

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Plaintiff brought this civil action, proceeding pro se. The matter was referred to

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the court by the Ninth Circuit Court of Appeals to certify whether the appeal is taken in good

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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 court’s June 4, 2014, findings and recommendations, this action was

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dismissed, without prejudice, for plaintiff’s failure to timely serve the defendants, failure to

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perfect service of process, and failure to prosecute. Specifically, plaintiff was informed as to the

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defects in the service of process, which he disagreed with but failed to correct, and failed to take

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any action in this case in over a year. The court also notes that plaintiff did not file any

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objections to the Magistrate Judge’s findings and recommendations.

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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

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Unit at the Ninth Circuit Court of Appeals.
Dated: November 13, 2014

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