Kinford v. Pincock

Filing 11

ORDERThis court CERTIFIES that any IFP appeal from 3 Order would not be taken "in good faith" (ref 9 USCA Order). Signed by Chief Judge Robert C. Jones on 7/9/13. (Copy sent via NEF to USCA)(Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEVEN KINFORD,
#64984

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Plaintiff,
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vs.
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JAMES PINCOCK,
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Defendant.
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3:13-cv-00115-RCJ-WGC
ORDER

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This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On May 17, 2013, this

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court dismissed plaintiff’s complaint with prejudice and without leave to amend for failure to state a

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claim for which relief may be granted (ECF #3). Plaintiff filed a notice of appeal on June 6, 2013 (ECF

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#6).

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On June 10, 2013, the Ninth Circuit Court of Appeals referred this matter to this court

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for 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 #9). 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 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

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pauperis appeal from its order dated May 17, 2013 (ECF #3) 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 9th day of July, 2013.

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DATED this _____ day of ______________________________, 2013.

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UNITED STATES DISTRICT JUDGE
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