Young v. Lewis, et al
Filing
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ORDER Finding that Plaintiff is Not Entitled to Proceed in Forma Pauperis on Appeal Filed May 18, 2011 29 30 ; ORDER Directing Clerk's Office to Serve Copy of Order on Ninth Circuit, signed by Magistrate Judge Gerald B. Cohn on 6/16/11. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RONALD DEE YOUNG,
1:10-cv-02278-GBC (PC)
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Plaintiff,
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v.
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ORDER FINDING THAT PLAINTIFF IS NOT
ENTITLED TO PROCEED IN FORMA
PAUPERIS ON APPEAL FILED MAY 18, 2011
(Docs. 29, 30)
J. LEWIS, et al.,
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Defendants.
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ORDER DIRECTING CLERK’S OFFICE TO
SERVE COPY OF ORDER ON NINTH
/ CIRCUIT
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Ronald Dee Young (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On May 10, 2011, the Court dismissed
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Plaintiff’s action based on finding that Plaintiff had failed to exhaust administrative remedies after
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Plaintiff submitted a document demonstrating he exhausted after the date he filed the complaint.
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(Doc. 27). On May 18, 2011, Plaintiff filed a notice of appeal (Doc. 29) and on June 7, 2011, the
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Ninth Circuit referred the matter to the Court for the limited purpose of determining whether in
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forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in
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bad faith. (Doc. 32).
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Pursuant to the Federal Rules of Appellate Procedure,
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A party who was permitted to proceed in forma pauperis in the district-court action
. . . may proceed on appeal in forma pauperis without further authorization, unless:
(A) the district court - before or after the notice of appeal is filed - certifies that the
appeal is not taken in good faith or finds that the party is not otherwise entitled to
proceed in forma pauperis and states in writing its reasons for the certification or
finding;
or
(B) a statute provides otherwise.
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Fed. R. App. P. 24(a)(3).
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The district clerk must immediately notify the parties and the court of appeals when
the district court does any of the following:
(A) denies a motion to proceed on appeal in forma pauperis;
(B) certifies that the appeal is not taken in good faith; or
(C) finds that the party is not otherwise entitled to proceed in forma pauperis.
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Fed. R. App. P. 24(a)(4).
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Because Plaintiff is proceeding in forma pauperis in this action, Plaintiff is entitled to proceed
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in forma pauperis on appeal unless the Court finds his appeal is not taken in good faith or finds that
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he is not otherwise entitled to proceed in forma pauperis. As it was obvious through Plaintiff’s
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submitted documents that Plaintiff had failed to exhaust administrative remedies prior to filing the
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action, his appeal of the dismissal without prejudice is frivolous and is not taken in good faith.
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Based on the foregoing, it is HEREBY ORDERED that:
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Plaintiff’s appeal is frivolous and not taken in good faith. 28 U.S.C. § 1915(a). The Clerk’s
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Office shall serve a copy of this order on the Ninth Circuit.
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IT IS SO ORDERED.
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Dated:
0jh02o
June 16, 2011
UNITED STATES MAGISTRATE JUDGE
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