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)

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.

§

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