Reyes v. Smith et al

Filing 29

ORDER signed by Judge Kimberly J. Mueller on 12/24/2013. Plaintiff's 24 Notice of Appeal is FRIVOLOUS and NOT taken in good faith. Plaintiff's In Forma Pauperis status is appropriately REVOKED. Clerk directed to serve a copy of Order on Pro Se Unit at Ninth Circuit Court of Appeals. [cc: USCA - 9th Circuit] (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID REYES,

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Plaintiff,

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No. 2:12-cv-0652-KJM-CMK

v.

ORDER

CHRISTOPHER SMITH, et al.,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 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 court’s July 19, 2013, findings and recommendations, this action was

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dismissed, without prejudice, for plaintiff’s failure to exhaust his administrative remedies.

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Specifically, plaintiff filed two inmate appeals, but neither was sufficient to exhaust his

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administrative remedies before filing this action.

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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.
DATED: December 24, 2013.

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UNITED STATES DISTRICT JUDGE

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