Klein v. Scott et al

Filing 13

ORDER re 12 USCA Order. IT IS HEREBY ORDERED that this Court CERTIFIES that any in forma pauperis appeal from its 3 screening order would NOT be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). FURTH ER ORDERED, the Clerk SHALL SEND this order to the United States Court of Appeals for the Ninth Circuit. (Sent: 10/4/2011, electronically via CM/ECF.) Signed by Judge Edward C. Reed, Jr on 10/13/2011. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PAUL SCOTT KLEIN,
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Plaintiff,

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vs.

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DR. SCOTT, et al.,

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Defendants.

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Appeal No. 11-17397
3:11-cv-00648-ECR-VPC
ORDER

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This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On September 14, 2011, this

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Court dismissed this action for failure to state a claim for which relief may be granted. (ECF No. 3).

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Judgment was entered on September 15, 2011. (ECF No. 4). Plaintiff’s motion for reconsideration

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(ECF No. 6) was denied by order filed September 28, 2011. (ECF No. 8). Plaintiff filed a notice of

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appeal on October 5, 2011. (ECF No. 9).

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On October 7, 2011, the Ninth Circuit Court of Appeals referred the 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. (ECF No. 12). This Court certifies that any in

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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 548,

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550 (9th Cir. 1977) (indigent appellant is permitted to proceed in forma pauperis on appeal only if

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appeal would 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 screening order dated September 14, 2011 (ECF No. 3) would NOT be taken “in good

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faith” pursuant 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 this 13th day of October 2011.

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UNITED STATES DISTRICT JUDGE
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