No. 07-56383, D.C. No. CV-06-01114-AJB.
October 15, 2007
ANTHONY BATTAGLIA, Magistrate Judge
This appeal has been taken in good faith [] This appeal is not taken in good faith [] Explanation: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ REFERRAL NOTICE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT October 11, 2007 GREGORY LEROY SMITH, No. 07-56383 D.C. No. CV-06-01114-AJB Plaintiff-Appellant, v. STATE OF CALIFORNIA; et al., Defendants — Appellees. This matter is referred to the district court for the limited purpose of determining whether this appeal has been taken in good faith or is frivolous. See 28 USC Sec. 1915(a)(3). If the district court is of the opinion that this appeal is frivolous or not taken in good faith, the district court is requested to complete the attached certification form and return it to this court within 21 days. If this court does not receive a completed certification form within 21 days, it will presume that the district court considers the appeal to have been taken in good faith.
This referral shall not affect the briefing schedule previously established by this court.