Joseph v. Heatley, et al

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 12/9/2016 ORDERING the 14 appeal is NOT frivolous or taken in bad faith; and the Clerk shall serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (cc: Ninth Circuit, case no. 16-17009) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALONZO JAMES JOSEPH,

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Plaintiff,

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No. 2:13-CV-0879-CMK-P

vs.

ORDER

S. HEATLEY, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, appeals the

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court's final judgment entered on September 22, 2016. The matter was referred to the

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undersigned by the Ninth Circuit Court of Appeals to certify whether the appeal is frivolous or

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taken in bad faith. See 28 U.S.C. § 1915(a)(3). Having reviewed the entire file, the court

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concludes that the appeal is not frivolous or taken in bad faith.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This appeal is not frivolous or taken in bad faith; and

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2.

The Clerk of the Court is directed to serve a copy of this order on the Pro

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Se Unit at the Ninth Circuit Court of Appeals.

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DATED: December 9, 2016

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____________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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