Opinion
3:07-cv-00474-LRH-VPC.
August 23, 2011
ORDER
This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On July 14, 2011, this court granted defendants' motion to dismiss without prejudice (docket #100). Plaintiff filed a notice of appeal on July 28, 2011 (docket #102).
On August 3, 2011, the Ninth Circuit Court of Appeals referred this matter to this court for the limited purpose of determining whether in forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in bad faith (docket #106). Accordingly, this court certifies that any in forma pauperis appeal from its Order would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). See Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548, 550 (9th Cir. 1977) (indigent appellant is permitted to proceed in forma pauperis on appeal only if appeal would not be frivolous). IT IS THEREFORE ORDERED that this court CERTIFIES that any in forma pauperis appeal from its Order dated July 14, 2011 (docket #100) would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3).
DATED this 22nd day of August, 2011.