Dawson et al v. Finn et al

Filing 35

ORDER: The Court certifies that an in forma pauperis appeal of the Court's Order and Judgment dismissing his action would not be taken "in good faith." The Clerk of Court is directed to forward a copy of this Order to the Ninth Circuit Court of Appeals. See 2-page order attached. Signed on 9/19/2011 by Judge Marco A. Hernandez. Copy of order sent to Ninth Circuit via ECF notification. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CRAIG THOMAS DAWSON and SUSAN ) ) DAWSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. C/O FINN, MS. CLEMENTE, et al., Defendants. Civil No. 10-1473-PK ORDER HERNANDEZ, District Judge. Plaintiff, Craig Dawson, has filed a Notice of Appeal of the Court's Judgment (28). The Ninth Circuit Court of Appeals has referred plaintiff's appeal No. 11-35747) (Ninth Circuit Court of Appeals Case to this Court to determine whether plaintiff's in forma pauperis status should continue or whether plaintiff's appeal is frivolous or taken in bad faith. 1 - ORDER Under 28 U. S. C. ยง 1915 (a) (3), "[al n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good "frivolous." (1958) ; faith." See Ellis v. Gardner v. "Not taken in united States, Progue, 558 F.2d good faith" 674, 356 U.S. 548, 551 means 674-75 (9th Cir. 1977) (indigent appellant permitted to proceed IFP on appeal only if appeal would not be frivolous). Given plaintiff's failure to comply with the Court's Order granting him leave to file an Amended Complaint curing the noted deficiencies in his original Complaint, the Court certifies that an in forma pauperis appeal of the Court's Order and Judgment dismissing his action would not be taken "in good faith." CONCLUSION Based on the foregoing, the Court certifies that an in forma pauperis appeal of the Court's Order and Judgment dismissing his action would not be taken "in good faith." The Clerk of Court is directed to forward a copy of this Order to the Ninth Circuit Court of Appeals. IT IS SO ORDERED. DATED this ~ day of September, 2011. IMarco A Hernand z United States District Judge 2 - ORDER

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