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Kelso v. Getty

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dec 23, 2013
No. 2:13-cv-0504 AC P (E.D. Cal. Dec. 23, 2013)

Opinion

No. 2:13-cv-0504 AC P

12-23-2013

JOHN DONALD KELSO, Plaintiff, v. WENDY GETTY, et al., Defendants.


ORDER

Before the Court is the referral notice, dated December 17, 2013, that seeks a determination whether plaintiff's in forma pauperis status should be continued on appeal or whether the Court finds the appeal to be frivolous. ECF No. 22.

I. Background

Plaintiff is a civilly committed mentally disordered offender (MDO) currently confined at Patton State Hospital, proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order of September 6, 2013 plaintiff's first amended complaint was dismissed with leave to amend only with respect to an access to courts claim and/or a conditions of confinement claim under the Fourteenth Amendment. See ECF No.12. Plaintiff filed a second amended complaint on September 30, 2013, ECF No. 16, which did not cure the deficiencies identified by the court's prior screening order. As a result, the second amended complaint was dismissed without leave to amend for failure to state a claim upon which relief may be granted. ECF No. 18 at 3.

II. Analysis

"An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 USCS § 1915. As noted above, the complaint in this action failed to state any claim for relief. Moreover, plaintiff was specifically instructed on how to cure the deficiencies in his first amended claim in order to state a claim based on his purported denial of access to the courts and his conditions of confinement. Yet he still failed to do so.

For these reasons, the court concludes that the appeal is legally frivolous, and it ORDERS Plaintiff's status entitling him to proceed in forma pauperis, is REVOKED.

IT IS SO ORDERED.

_____________

ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE


Summaries of

Kelso v. Getty

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dec 23, 2013
No. 2:13-cv-0504 AC P (E.D. Cal. Dec. 23, 2013)
Case details for

Kelso v. Getty

Case Details

Full title:JOHN DONALD KELSO, Plaintiff, v. WENDY GETTY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 23, 2013

Citations

No. 2:13-cv-0504 AC P (E.D. Cal. Dec. 23, 2013)