Nevada Chapter of the New Black Panther Party et al v. Welsh et al

Filing 20

ORDER that this court CERTIFIES that any in forma pauperis appeal from its 8/17/10 Order 5 would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Plaintiffs motion for leave to proceed in forma pauperis on appeal 8 ; motion for appointment of counsel on appeal 13 ; and emergency motion for appointment of counsel on appeal 14 are DENIED. Plaintiffs emergency motion to extend time on all matters 15 is DENIED. Plaintiff shall file no more documents in this case while his appeal is pending. Any such documents shall be returned, unfiled, to plaintiff. Signed by Judge Gloria M. Navarro on 11/8/10. (Copies have been distributed pursuant to the NEF - ECS)

Nevada Chapter of the New Black Panther Party et al v. Welsh et al

Doc. 20

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

NEVADA CHAPTER OF THE NEW BLACK PANTHER PARTY, ERIC GRIFFIN Plaintiffs, vs. PATRICK WELSH, et al., Defendants.

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2:10-cv-01286-GMN-RJJ ORDER

Plaintiff has appealed this court's Order denying him leave to proceed in forma pauperis because plaintiff is a three strikes litigant (see docket #7) to the U.S. Court of Appeals for the Ninth Circuit. First, plaintiff has filed a motion for leave to proceed in forma pauperis on appeal (docket #8) and two motions for appointment of counsel on appeal (docket #13 and #14). However, this court certifies that any in forma pauperis appeal of its Order of August 17, 2010 (docket #5) would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed in forma pauperis on appeal only if appeal would not be frivolous). Accordingly, these motions are denied. With respect to the other motions filed in this court by plaintiff, as he has appealed the denial of in forma pauperis status to the Ninth Circuit, this court has no jurisdiction over this action until the Ninth Circuit rules on his appeal. As such, plaintiff's motions are denied. Plaintiff is directed to file nothing further with this court at this time. IT IS THEREFORE ORDERED that this court CERTIFIES that any in forma pauperis appeal from its August 17, 2010 Order (docket #5) would not be taken "in good faith" pursuant

Dockets.Justia.com

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to 28 U.S.C. § 1915(a)(3). IT IS FURTHER ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal (docket #8); motion for appointment of counsel on appeal (docket #13); and emergency motion for appointment of counsel on appeal (docket #14) are DENIED. IT IS FURTHER ORDERED that plaintiff's emergency motion to extend time on all matters (#15) is DENIED. IT IS FURTHER ORDERED that plaintiff shall file no more documents in this case while his appeal is pending. Any such documents shall be returned, unfiled, to plaintiff. DATED this 8th day of November, 2010. DATED this _____ day of ______________________________, 2010.

UNITED STATES DISTRICT JUDGE

________________________________ Gloria M. Navarro United States District Judge

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