Gardner v. Barrett et al

Filing 22

ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2017 ORDERING 10 the court concludes that the appeal is frivolous for the reasons outlined in the court's June 23, 2017, findings and recommendations; the Clerk of the Court is directed to serve of copy of this on the Pro Se Unit at the Ninth Circuit Court of Appeals #17-17283. (Reader, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DENNIS GARDNER,

12
13
14
15

No. 2:17-CV-0925-GEB-CMK-P

Plaintiff,
v.

ORDER

THOMAS BARRETT, et al.,
Defendants.

16
17

Plaintiff, a prisoner proceeding pro se, appeals the court’s final judgment

18

entered on October 20, 2017. The matter was referred to the undersigned by the Ninth Circuit

19

Court of Appeals to certify whether the appeal is frivolous or taken in bad faith. See 28 U.S.C.

20

§ 1915(a)(3). Having reviewed the entire file, the court concludes that the appeal is frivolous for

21

the reasons outlined in the court’s June 23, 2017, findings and recommendations.

22
23
24
25

The Clerk of the Court is directed to serve of copy of this on the Pro Se Unit at the
Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: November 30, 2017

26
27
28
1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2