Armstrong v. Redding Parole Department

Full title: JERRY W. ARMSTRONG, Plaintiff, v. REDDING PAROLE DEPARTMENT, et. al.…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 16, 2012

CIV S-11-1576-GEB-CMK (E.D. Cal. Jul. 16, 2012)

Opinion

JERRY W. ARMSTRONG, Plaintiff, v. REDDING PAROLE DEPARTMENT, et. al., Defendant. No. CIV S-11-1576-GEB-CMK United States District Court, E.D. California. July 16, 2012

          ORDER

          GARLAND E. BURRELL, Jr., Senior District Judge.

         Plaintiff, proceeding in pro per, brings this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to the court by the Ninth Circuit Court of Appeals to certify whether the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3).

         Having reviewed the entire file, the court concludes that the appeal is not taken in good faith. For the reasons stated in the court's April 12, 2012, findings and recommendations, plaintiff fails to state a claim upon which relief can be granted. Plaintiff's attempts to challenge his parole conditions and/or his parole violations is properly the subject of a writ of habeas corpus, not a § 1983 action.

         Accordingly, IT IS HEREBY ORDERED that:

         1. This appeal is frivolous and not taken in good faith;

         2. Plaintiff's in forma pauperis status is appropriately revoked; and

         3. The Clerk of the Court is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals.