Parkes v. Cox et al

Filing 9

ORDER re 8 USCA Referral Order : This Court CERTIFIES that any in forma pauperis appeal from its order dated February 6, 2012 (ECF No. 3) is taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). FURTHER ORD Clerk SHALL SEND this order to the United States Court of Appeals for the Ninth Circuit. (Email to USCA 9th Ckt. on 3/14/2012.) Signed by Judge Larry R. Hicks on 3/13/2012. (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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ROBERT E. PARKES,

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Plaintiff,

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vs.

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GREG COX, et al.,

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Defendants.

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Appeal No. 12-15399
3:11-cv-00902-LRH-WGC
ORDER

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This is a closed prisoner civil rights action brought pursuant to 42 U.S.C. § 1983. On

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February 6, 2012, the Court dismissed this action for failure to state a claim for which relief may be

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granted. (ECF No. 3). Judgment was entered on the same date. (ECF No. 4). Plaintiff filed a notice

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of appeal on February 27, 2012. (ECF No. 5).

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On March 1, 2012, 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 is taken “in good faith” pursuant to 28

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U.S.C. § 1915(a)(3).
IT IS THEREFORE ORDERED that this Court CERTIFIES that any in forma pauperis

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appeal from its order dated February 6, 2012 (ECF No. 3) is taken “in good faith” pursuant to 28

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U.S.C. § 1915(a)(3).

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///

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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.

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Dated this 13th day of March, 2012.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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