Turner v. Law Library et al

Filing 18

ORDER re 17 USCA Referral Notice and 16 Notice of Appeal filed by John Turner. IT IS ORDERED that this Court certifies that any in forma pauperis appeal from this Court's 11 Screening Order and 15 Order denying the motion forreconsideration would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge Jennifer A. Dorsey on 05/21/2014. (Copies have been distributed pursuant to the NEF - CC: USCA - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN TURNER,
Case No. 2:14-cv-163-JAD-GWF
Plaintiff,

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ORDER

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v.

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LAW LIBRARY et al.,
Defendants.

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I.

DISCUSSION

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On April 21, 2014, this Court entered a screening order which granted Plaintiff’s

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application to proceed in forma pauperis but dismissed Plaintiff’s complaint in its entirety with

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prejudice (as amendment would be futile) for failure to state a claim. (Doc. No. 11 at 5-6). The

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Court also found that the dismissal would count as a strike under 28 U.S.C. § 1915(g). (Id.).

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After this Court denied Plaintiff’s motion for reconsideration, Plaintiff filed a notice of appeal.

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(Doc. No. 15, 16).

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On May 21, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a referral notice

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to this Court for the limited purpose of determining whether in forma pauperis status should

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continue for the appeal or whether the appeal was frivolous or taken in bad faith. The Court

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finds that the appeal is frivolous or taken in bad faith.

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II.

CONCLUSION

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For the foregoing reasons,

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IT IS ORDERED that this Court certifies that any in forma pauperis appeal from this

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Court’s April 21, 2014, screening order and May 12, 2014, order denying the motion for

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reconsideration would not be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3).

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Dated: May 21, 2014.

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__________________________________
Jennifer A. Dorsey
United States District Court Judge

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