Howell v. Pusich

Filing 11

ORDER re ECF No. 10 USCA Referral : This Court certifies that any in forma pauperis appeal from its order of dismissal would be frivolous or would not be taken "in good faith". Plaintiff's in forma pauperis status should be revoked on appeal. (Email (NEF) to USCA 9th Circuit re USCA Case Number 18-15390.) Signed by Judge Miranda M. Du on 3/15/2018. (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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***

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DAVID HOWELL,

Case No. 3:17-cv-00736-MMD-WGC
Plaintiff,

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ORDER

v.
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MAIZE W. PUSICH, 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. 10.) 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” pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma

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pauperisstatus should be revoked on appeal. See Hooker v. American Airlines, 302 F.3d

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1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where

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district court finds the appeal to be frivolous).

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DATED THIS 15th day of March 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE