Mosley v. Broyles

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/07/13 ordering that the court finds that plaintiff's appeal is frivolous. Accordingly, plaintiff's in forma pauperis status should not continue on appeal. (cc: USCA,9th circuit) (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DERRICK MOSLEY,

12

Plaintiff,

13
14

No. 2:12-cv-2681 CKD P

v.

ORDER

BROYLES,

15

Defendant.

16
17

Plaintiff, a state prisoner proceeding in forma pauperis, sought relief pursuant to 42 U.S.C.

18

§ 1983. Judgment was entered in this action on April 23, 2013. (ECF No. 15.) On July 18, 2013,

19

the United States Court of Appeals for the Ninth Circuit referred this matter to the district court

20

for the limited purpose of determining whether plaintiff’s in forma pauperis status should

21

continue for this appeal or whether the appeal is frivolous or taken in bad faith pursuant to 28

22

U.S.C. § 1915(a)(3). (ECF No. 24.)
The Federal Rules of Appellate Procedure provide as follows:

23
24

[A] party who has been permitted to proceed in an action in the
district court in forma pauperis . . . may proceed on appeal in forma
pauperis without further authorization unless . . . the district court
shall certify that the appeal is not taken in good faith or shall find
that the party is otherwise not entitled so to proceed . . . .

25
26
27

Fed. R. App. P. 24(a). After review of the record herein, the court finds that plaintiff’s appeal is

28

////
1

1

frivolous. Accordingly, plaintiff’s in forma pauperis status should not continue on appeal.

2

Dated: August 7, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

3
4
5
6
7
8
9

2 /broy2681.4d

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2