Pinnavaia v. Moody-Stuart et al

Filing 53

ORDER by Judge Claudia Wilken denying 49 Motion for Leave to Appeal in forma pauperis (cwlc1, COURT STAFF) (Filed on 1/15/2010)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 15, 2010 CLAUDIA WILKEN United States District Judge IT IS SO ORDERED. v. MARK MOODY-STUART, et al., Defendants. / MATTHEW D. PINNAVAIA, Plaintiff, No. C 09-03803 CW ORDER DENYING REQUEST TO APPEAL IN FORMA PAUPERIS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiff Matthew D. Pinnavaia asks to appeal in forma pauperis. Pursuant to 28 U.S.C. § 1915(a)(3) an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. For the reasons stated in the Court's December 11, 2009 Order Granting Defendant's Motion to Dismiss, this appeal is not taken in good faith. The request to proceed in forma pauperis on appeal is hereby denied. 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew D. Pinnavaia 201 Country Club Lane #90 Oceanside, CA 92054 Dated: January 15, 2010 PINNAVAIA et al, Plaintiff, v. MOODY-STUART et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV09-03803 CW CERTIFICATE OF SERVICE / 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 January 15, 2010, 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. Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 2

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