Guerrier v. LeGrand et al

Filing 23

ORDER re 22 Referral Notice. IT IS ORDERED that this court CERTIFIES that any in forma pauperis appeal from its Order dated 4/7/2011 11 would not be taken in good faith pursuant to 28 U.S.C. § 1915(a)(3).Signed by Judge Larry R. Hicks on 6/6/2011. (Copies have been distributed pursuant to the NEF. Copy of Order sent to USCA. MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HERVE GUERRIER,

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Plaintiff,
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vs.
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ROBERT LEGRAND, et al.,
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Defendants.
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3:10-cv-00752-LRH-RAM
ORDER

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This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On April 7, 2011, this court

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dismissed this action for failure to state a claim for which relief may be granted (docket #11), judgment

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was entered on April 8, 2011 (docket #12), and plaintiff’s motion for reconsideration of the Screening

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Order (docket #13) was denied on May 12, 2011 (docket #16). Plaintiff filed a notice of appeal on May

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23, 2011 (docket #18).

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On May 26, 2011, the Ninth Circuit Court of Appeals referred this matter to this court for the

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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 #22). This court certifies that any in forma

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pauperis appeal from its Order would not be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3).

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See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th

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Cir. 1977) (indigent appellant is permitted to proceed in forma pauperis on appeal only if appeal would

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not be frivolous).

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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 April 7, 2011 (docket #11) would not be taken “in good faith” pursuant to

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28 U.S.C. § 1915(a)(3).

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DATED this 6th day of June, 2011.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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