Opinion
Appeal No. 11-17397 3:11-cv-00648-ECR-VPC
10-13-2011
PAUL SCOTT KLEIN, Plaintiff, v. DR. SCOTT, et al., Defendants.
ORDER
This is a prisoner action brought pursuant to 42 U.S.C. § 1983. On September 14, 2011, this Court dismissed this action for failure to state a claim for which relief may be granted. (ECF No. 3). Judgment was entered on September 15, 2011. (ECF No. 4). Plaintiff's motion for reconsideration (ECF No. 6) was denied by order filed September 28, 2011. (ECF No. 8). Plaintiff filed a notice of appeal on October 5, 2011. (ECF No. 9).
On October 7, 2011, the Ninth Circuit Court of Appeals referred the 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. (ECF No. 12). 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 screening order dated September 14, 2011 (ECF No. 3) would NOT be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3).
IT IS FURTHER ORDERED that the Clerk of Court SHALL SEND this order to the United States Court of Appeals for the Ninth Circuit.
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UNITED STATES DISTRICT JUDGE