Vieira v. Martel

Filing 19

ORDER (SI, COURT STAFF) (Filed on 11/9/2011)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 RICHARD J. VIEIRA, 10 United States District Court For the Northern District of California 9 Plaintiff, 11 12 13 14 No. C 11-2672 SI (pr) ORDER v. SAN QUENTIN WARDEN M. MARTEL, Defendant. / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has filed a notice of appeal from the court's order of dismissal. The court has received from the U.S. Court of Appeals a referral notice asking whether in forma pauperis status should continue on appeal or whether the appeal is frivolous or taken in bad faith. The court now certifies that an appeal by plaintiff would be frivolous and determines that in forma pauperis status shall not continue on appeal for plaintiff. Plaintiff's "motion for transfer of certified record/docket sheet pursuant to F.R.A.P. 1011" is GRANTED. (Docket # 16.) The clerk shall transmit the case file to the U.S. Court of Appeals. All further motions should be made to the U.S. Court of Appeals. IT IS SO ORDERED. Dated: November 9, 2011 _______________________ SUSAN ILLSTON United States District Judge

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