Grimaldi v. Cox et al

Filing 9

ORDER. IT IS THEREFORE ORDERED that this Court CERTIFIES that any in forma pauperis appeal from its order dated May 26, 2011 (ECF No. 3) would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND this order to the United States Court of Appeals for the Ninth Circuit. Signed by Judge Kent J. Dawson on 6/22/11. (Copies have been distributed pursuant to the NEF; CC: USCA - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TIMOTHY WENDELL GRIMALDI,

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Plaintiff,
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vs.
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JAMES COX, et al.,
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Defendants.
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Appeal No. 11-16501
2:11-cv-00802-KJD-PAL
ORDER

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This is a closed prisoner civil rights action brought pursuant to 42 U.S.C. § 1983. On May
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26, 2011, this Court dismissed this action for failure to state a claim for which relief may be granted.
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(ECF No. 3). Judgment was entered on the same date. (ECF No. 4). Plaintiff filed a notice of
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appeal on June 14, 2011. (ECF No. 5). The United States Court of Appeals for the Ninth Circuit
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assigned the appeal number 11-16501. (ECF No. 7).
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On June 20, 2011, the Ninth Circuit Court of Appeals referred this matter to this Court for
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the limited purpose of determining whether in forma pauperis status should continue for the appeal
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or whether the appeal is frivolous or taken in bad faith. (ECF No. 8). On careful review, this Court
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certifies that any in forma pauperis appeal from its order would not be taken “in good faith” pursuant
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to 28 U.S.C. § 1915(a)(3).

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IT IS THEREFORE ORDERED that this Court CERTIFIES that any in forma pauperis

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appeal from its order dated May 26, 2011 (ECF No. 3) would not be taken “in good faith” pursuant

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to 28 U.S.C. § 1915(a)(3).

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IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND this order to the
United States Court of Appeals for the Ninth Circuit.
DATED: June 22, 2011

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UNITED STATES DISTRICT JUDGE
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