Macias v. Nevada Department of Corrections et al

Filing 12

ORDER pursuant to ECF No. 11 REFERRAL NOTICE of USCA, this Court certifiesthat any in forma pauperis appeal from its order of dismissal would be frivolous or would not be taken "in good faith" under 28 U.S.C. § 1915(a)(3). Plaintiff's in forma pauperis status should be revoked on appeal. Signed by Judge Miranda M. Du on 3/15/2019. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICARDO MACIAS,

Case No. 3:17-cv-00306-MMD-CBC

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Plaintiff,

ORDER

v.
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NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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This matter is referred to the Court for the limited purpose of determining whether

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in forma pauperis status should continue on appeal. (ECF No. 11.) This Court certifies

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that any in forma pauperis appeal from its order of dismissal would be frivolous or would

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not be taken “in good faith” under 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis

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status should be revoked on appeal. See Hooker v. Am. Airlines, 302 F.3d 1091, 1092

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(9th Cir. 2002) (revocation of in forma pauperis status is appropriate where district court

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finds the appeal to be frivolous).

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DATED THIS 15th day of March 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE