Kamedula v. Dixon et al

Filing 25

ORDERED that this court CERTIFIES that any in forma pauperis appeal from its Order dated May 24, 2011 (docket # 19 ) would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3); Re: 24 USCA REFERRAL NOTICE. Signed by Judge Edward C. Reed, Jr on 6/8/2011. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit on 6/9/2011 re USCA Case Number 11-16349 ) (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRIAN KAMEDULA,
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Plaintiff,
vs.
TODD DIXON, et al.,

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Defendants.
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3:10-cv-00749-ECR-VPC

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This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On May 24, 2011, this
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court dismissed this action for failure to state a claim for which relief may be granted (docket #19), and
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judgment was entered (docket #20). Plaintiff filed a notice of appeal on May 31, 2011 (docket #6).
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On June 7, 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 or
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whether the appeal is frivolous or taken in bad faith (docket #24). Accordingly, this court certifies that
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any in forma pauperis appeal from its Order would not be taken “in good faith” pursuant to 28 U.S.C.
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§ 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d
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548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed in forma pauperis on appeal only
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if appeal would not be frivolous).
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IT IS THEREFORE ORDERED that this court CERTIFIES that any in forma

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pauperis appeal from its Order dated May 24, 2011 (docket #19) would not be taken “in good faith”

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pursuant to 28 U.S.C. § 1915(a)(3).

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DATED this 8th day of June 2011.

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UNITED STATES DISTRICT JUDGE
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