Goncalves v. United States of America

Filing 38

ORDER re: Referral Notice. Signed by Judge Jeffrey S. White on 5/24/12. (jjoS, COURT STAFF) (Filed on 5/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CPT MICHAEL C. GONCALVES,

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For the Northern District of California

United States District Court

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No. C 11-02452 JSW

Plaintiff,

ORDER RE REFERRAL NOTICE

v.
UNITED STATES OF AMERICA, Honorable
Robert Gates, LTG Jack Stultz, CDR, USARC,
and Attorney General Eric Holder,
Defendants.
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On May 22, 2012, the United States Court of Appeals for the Ninth Circuit issued an

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order referring this matter to this Court for the limited purpose of determining whether

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Plaintiff’s in forma pauperis status should continue for purposes of the appeal or whether the

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appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be

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taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”);

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see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“If at least one

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issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must

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be granted for the case as a whole.”). Although the Court concluded that all of Plaintiff’s

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claims were barred under the Feres doctrine, the Court cannot conclude that Plaintiff has taken

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the appeal in bad faith or that the appeal is frivolous. Accordingly, the Court shall not revoke

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Plaintiff’s in forma pauperis status.

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IT IS SO ORDERED.
Dated: May 24, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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Case Number: CV11-02452 JSW

GONCALVES et al,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE

Plaintiff,
v.

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UNITED STATES OF AMERICA et al,

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Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on May 24, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Michael C. Goncalves
8444 Alberton Place
Elk Grove, CA 95624
Dated: May 24, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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