Matthews v. Pierce County

Filing 13

ORDER re 12 Notice of Appeal is not taken in good faith, signed by Judge Ronald B. Leighton. (DN) Modified on 5/5/2011 (DN). (Copy mailed to plaintiff.)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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BRIAN DAVID MATTHEWS,

CASE NO. C11-5131RBL

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Plaintiff,

ORDER

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v.
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PIERCE COUNTY,
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Defendant.
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THIS MATTER comes on before the above-entitled court upon Plaintiff’s Notice of

15 Appeal [Dkt. #12]. Having considered the entirety of the records and file herein, the Court finds
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Plaintiff has filed a Notice of Appeal of the Judgment [Dkt. #11] entered on this Court’s

18 Order adopting the Report and Recommendation dismissing his Complaint with prejudice [Dkt.
19 #10]. Plaintiff was permitted to proceed in forma pauperis in this Court [Dkt. #5]. The Court
20 hereby certifies that this appeal is not taken in good faith and, like the underlying Complaint, is
21 frivolous in that it lacks an arguable basis in law or fact. Fed. R. App. P. 24(a)(3)(A).
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IT IS SO ORDERED.

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ORDER- 1

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The Clerk shall send uncertified copies of this order to all counsel of record, to any party

2 appearing pro se, and the United States Court of Appeals for the Ninth Circuit.
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Dated this 5th day of May, 2011.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER- 2