Brown v. North Kern State Prison et al

Filing 20

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/24/2014, hereby certifying plaintiff's appeal of the court's 3/12/14 dismissal of this case as "an improper second attempt to present claims which cannot be presented in a & #167; 1983 action" is NOT TAKEN in good faith; therefore, plaintiff should not be permitted to proceed in forma pauperis on appeal, See 28 U.S.C. § 1915 (a)(3); and the Clerk shall serve a copy of this order upon the Ninth Circuit. (cc: Ninth Circuit) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN L. BROWN,

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No. 2:13-cv-2425 CKD P

Plaintiff,
v.

ORDER

NORTH KERN STATE PRISON, et al.,

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Defendants.

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Pursuant to the “referral notice” filed in this court on April 23, 2014 by the Ninth Circuit

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Court of Appeals, the court hereby certifies that plaintiff’s appeal of the court’s March 12, 2014

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dismissal of this case as “an improper second attempt to present claims which cannot be presented

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in a § 1983 action” is not taken in good faith. Therefore, plaintiff should not be permitted to

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proceed in forma pauperis on appeal. See 28 U.S.C. § 1915 (a)(3). The Clerk of the Court is

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directed to serve a copy of this order upon the Ninth Circuit.

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Dated: April 24, 2014

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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