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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 CPT MICHAEL C. GONCALVES, 8 9 11 For the Northern District of California United States District Court 10 12 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. / 13 14 On May 22, 2012, the United States Court of Appeals for the Ninth Circuit issued an 15 order referring this matter to this Court for the limited purpose of determining whether 16 Plaintiff’s in forma pauperis status should continue for purposes of the appeal or whether the 17 appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be 18 taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”); 19 see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“If at least one 20 issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must 21 be granted for the case as a whole.”). Although the Court concluded that all of Plaintiff’s 22 claims were barred under the Feres doctrine, the Court cannot conclude that Plaintiff has taken 23 the appeal in bad faith or that the appeal is frivolous. Accordingly, the Court shall not revoke 24 Plaintiff’s in forma pauperis status. 25 26 27 28 IT IS SO ORDERED. Dated: May 24, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 12 Case Number: CV11-02452 JSW GONCALVES et al, 11 For the Northern District of California United States District Court 10 CERTIFICATE OF SERVICE Plaintiff, v. 13 UNITED STATES OF AMERICA et al, 14 Defendant. / 15 16 17 18 19 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. 20 21 22 23 24 Michael C. Goncalves 8444 Alberton Place Elk Grove, CA 95624 Dated: May 24, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 25 26 27 28 2

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