Biagas v. Virga et al

Filing 50

ORDER signed by Magistrate Judge Craig M. Kellison on 06/29/17 ordering this appeal is not taken in good faith. 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. (cc: Pro Se Unit, USCA 9th circuit) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT J. BIAGAS, SR.,

No. 2:13-cv-2656-CMK-P

Plaintiff,

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vs.

ORDER

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T. VIRGA, et al.,
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 March 24, 2016. The matter was referred to the undersigned

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by the Ninth Circuit Court of Appeals to certify whether the appeal is taken in good faith. See

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28 U.S.C. § 1915(a)(3). Having reviewed the entire file, the court concludes that the appeal is

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not taken in good faith. Plaintiff’s complaint was vague and conclusory, plaintiff failed to allege

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sufficient facts for the court to properly evaluate his claims, plaintiff included unrelated

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defendants and claims in one complaint, and even after being provided specific directions and

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opportunities, he was unable or unwilling to follow the court’s direction and orders to file a

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sufficient complaint.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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1.

This appeal is not taken in good 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: June 29, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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