Opinion
No. CIV S-04-0730 LKK EFB P.
August 10, 2007
ORDER
Plaintiff, a state prisoner proceeding without counsel and in forma pauperis, sought relief and was denied relief for alleged civil rights violations. See 42 U.S.C. § 1983. On March 28, 2007, the Clerk of the Court entered judgment. On April 20, 2007, plaintiff filed a notice of appeal. On June 14, 2007, plaintiff filed a request for leave to proceed in forma pauperis on appeal. On July 23, 2007, this court found that plaintiff's appeal was not taken in good faith.
The Federal Rules of Appellate Procedure provide as follows:
[A] party who has been permitted to proceed in an action in the district court in forma pauperis . . . may proceed on appeal in forma pauperis without further authorization unless . . . the district court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed. . . .
Fed.R.App.P. 24(a). This court has determined that plaintiff's appeal is not taken in good faith.
Accordingly, it hereby is ORDERED that plaintiff's June 14, 2007, motion to proceed in forma pauperis on appeal is denied as unnecessary. See Fed.R.App.P. 24(a).