Odoms v. NDOC Utilization Review Panel et al

Filing 11

ORDER - The Court certifies to the Court of Appeals that the # 7 Notice of Appeal is not taken in good faith. Re: 9th Cir. Case 13-16459. The Clerk of Court shall: (a) prominently reflect this certification in bold in the docket entry for this order; and (b) forward a notice of electronic filing to the Court of Appeals (Emailed NEF to 9th Cir. on 8/22/2013.) Signed by Chief Judge Robert C. Jones on 8/21/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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J. BENJAMIN ODOMS,

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Plaintiff,

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vs.

3:13-cv-00193-RCJ-VPC
ORDER

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NDOC UTILIZATION REVIEW PANEL,
et al.
Defendants.

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This prisoner civil rights action comes before the Court for consideration of certification
as to whether the appeal is taken in good faith.

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Plaintiff’s appeal from the dismissal of this action is frivolous. Plaintiff has filed, inter

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alia, three actions, being the long closed No. 3:09-cv-00223-RCJ-VPC as well No. 3:13-cv-

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00181-RCJ-WGC and the present action, No. 3:13-cv-00193-RCJ-VPC. The Court dismissed

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the present action, No. 3:13-cv-00193-RCJ-VPC because the complaint in this action was

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duplicative – literally an exact photocopy duplicate – of the complaint No. 3:13-cv-00181-RCJ-

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WGC. Plaintiff’s motion for relief from order proceeds on the misconception that the Court

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dismissed the present action – No. 3:13-cv-00193-RCJ-VPC – instead because it was

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duplicative of his long since dismissed action in No. 3:09-cv-00223-RCJ-VPC. That is not

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what happened. Plaintiff’s completely flawed illogic provides no viable basis for an appeal

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herein. An appeal would be dismissed in the case of a non-indigent litigant.

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IT THEREFORE IS ORDERED, pursuant to 28 U.S.C. § 1915(a)(3), that the Court
certifies to the Court of Appeals that the appeal is not taken in good faith.

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The Clerk of Court shall: (a) prominently reflect this certification in bold in the docket

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entry for this order; and (b) forward a notice of electronic filing to the Court of Appeals with

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regard to this order as per the Clerk's current practice for such matters.

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DATED:

August 21, 2013.

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____________________________________
ROBERT C. JONES
Chief United States District Judge

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