Marroquin v. Bowman, M.D. et al

Filing 20

ORDER re 19 USCA Order,. Signed by Judge ARMSTRONG on 11/5/12. (lrc, COURT STAFF) (Filed on 11/8/2012)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 ARMANDO ANTIONIO MARROQUIN, Plaintiff, 7 8 Case No: C 09-0713 SBA (pr) ORDER vs. Docket No. 19 9 R. BOWMAN, M.D., et al., 10 Defendants. 11 12 13 On September 1, 2012, this Court entered an Order dismissing the action without 14 prejudice, inter alia, for failure to exhaust administrative remedies. (Dkt. 13.) On 15 September 28, 2012, the Court entered an Order denying Plaintiff's motion to set aside 16 judgment and for reconsideration. (Dkt. 13, 16). 17 On October 22, 2012, Plaintiff filed a notice of appeal. The Ninth Circuit has issued 18 a Referral Notice requesting this Court to determine whether Plaintiff’s in forma pauperis 19 status should continue on appeal. (Dkt. 19.) Having reviewed the record in this matter, the 20 Court hereby certifies that, under 28 U.S.C. § 1915(a)(3), the appeal is not taken in good 21 faith and Plaintiff’s in forma pauperis status is revoked for the purposes of his appeal. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: November 5, 2012 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 ARMANDO ANTONIO MARROQUIN, 5 Plaintiff, 6 7 8 9 v. MD BOWMAN et al, Defendant. / 10 11 Case Number: CV09-00713 SBA 12 CERTIFICATE OF SERVICE 13 14 15 16 17 18 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 November 8, 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. 19 20 21 22 23 24 Armando Antonio Marroquin T-86698 La Palma Correctional Center, MA 5501 N. La Palma Road Eloy, AZ 85131 Dated: November 8, 2012 Richard W. Wieking, Clerk 25 By: Lisa Clark, Deputy Clerk 26 27 28 -2-

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