Reed v. Coleman et al

Filing 18

ORDER re 17 USCA Referral Notice: per 28 U.S.C. § 1915(a)(3), the Court finds that Plaintiff's appeal is not taken in good faith and his in forma pauperis status is REVOKED; signed by Judge Marsha J. Pechman. (SC) Modified on 4/1/2011; Order has been electronically transmitted to Court of Appeals (LMK).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 The Court has received and reviewed the Ninth Circuit Court of Appeal's Referral Notice v. JOSEPH H COLEMAN, Defendant. CHARLES V REED, Plaintiff, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CASE NO. 2:10-CV-01805-MJP ORDER ON REFERRAL

17 (Dkt. No. 17) in this matter. Plaintiff's case has been referred to the district court for the limited 18 purpose of determining whether in forma pauperis status should continue for Plaintiff's appeal. 19 The Court is mindful of the admonition contained in 28 U.S.C. § 1915(a)(3): "An appeal may not 20 be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 21 It is the finding of this Court that there is no merit to the legal position taken by Plaintiff

22 in this § 1983 complaint and that Plaintiff's appeal is not taken in good faith. Therefore, 23 24 IT IS ORDERED that Plaintiff's in forma pauperis status is REVOKED.

ORDER ON REFERRAL- 1

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The clerk is ordered to provide copies of this order to all counsel. Dated this 1st day of April, 2011.

Marsha J. Pechman United States District Judge

A

ORDER ON REFERRAL- 2