Opinion
2:10-cv-01253-GMN-LRL.
November 5, 2010
ORDER
Plaintiff has appealed this court's Order dismissing this action with prejudice as delusional and factually frivolous ( see docket #3) to the U.S. Court of Appeals for the Ninth Circuit.
First, plaintiff has filed a motion for leave to proceed in forma pauperis on appeal (docket #10) and an emergency motion for appointment of counsel on appeal (docket #11). However, this court certifies that any in forma pauperis appeal of its Order of August 9, 2010 (docket #3) 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). Accordingly, these motions are denied.
With respect to the various other motions filed in this court by plaintiff, as he has appealed the dismissal of this action to the Ninth Circuit, this court has no jurisdiction over this action until the Ninth Circuit rules on his appeal. As such, plaintiff's motions are denied. Plaintiff is directed to file nothing further with this court at this time.
IT IS THEREFORE ORDERED that this court CERTIFIES that any in forma pauperis appeal from its August 9, 2010 Order (docket #3) would not be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3). IT IS FURTHER ORDERED that plaintiff's motion for leave to proceed in forma pauperis on appeal (docket #10) and emergency motion for appointment of counsel (docket #11) are DENIED. IT IS FURTHER ORDERED that the following motions: motion to change venue (docket #7); motion to extend time on all matters (#12); and emergency motion to arrest all suspects (docket #14) are DENIED. IT IS FURTHER ORDERED that plaintiff shall file no more documents in this closed case. Any such documents shall be returned, unfiled, to plaintiff.
DATED this 5th day of November, 2010.