Opinion
Case No. 2:14-cv-1122-APG-PAL
10-17-2014
CHRISTOPHER J. WILLING, Plaintiff, v. DEPUTY ARMS et al., Defendants.
Order
I. DISCUSSION
On September 23, 2014, this Court entered a screening order dismissing a portion of Plaintiff's deliberate indifference claim with leave to amend and permitted a portion of the deliberate indifference claim to proceed. (Dkt. #5 at 8). The Court granted Plaintiff 30 days to amend his complaint. (Id.) The Court also granted Plaintiff's application to proceed in forma pauperis. (Id.)
On October 1, 2014, Plaintiff filed a motion for preliminary injunction. (Dkt. #8). Plaintiff alleged that he needed surgery for his collar bone and for a tumor mass on his back but Defendants had denied surgery. (Id. at 2). Plaintiff attached medical assessments from doctors and Defendants' denial of surgery. (Id. at 3-6). Defendants denied surgery because the documentation did not include "written verification from a doctor stating that medical request is medically necessary and why." (Id. at 6).
On October 7, 2014, this Court issued an order denying Plaintiff's motion for preliminary injunction. (Dkt. #10 at 2). The Court found that the medical reports demonstrated that a doctor was going to refer Plaintiff to general surgery for further evaluation and not that he needed surgery. (Id.) The Court found that Plaintiff could not demonstrate that he was likely to surfer irreparable harm in the absence of preliminary relief. (Id.)
On October 14, 2014, Plaintiff filed a notice of appeal as to the denial of the motion for preliminary injunction. (Id.) On October 16, 2014, the Ninth Circuit Court of Appeals issued a referral notice to this Court to determine whether Plaintiff's in forma pauperis status should continue for the appeal. The Court now certifies that any in forma pauperis appeal from that order would be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3).
II. CONCLUSION
For the foregoing reasons,
IT IS ORDERED that this Court certifies that any in forma pauperis appeal from this Court's October 7, 2014, order would be taken "in good faith" pursuant to 28 U.S.C. § 1915(a)(3).
DATED this 17th day of October, 2014.
/s/_________
United States District Judge