Sconiers v. Judicial Council of CA, et al.
Filing
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ORDER signed by District Judge Lawrence J. O'Neill on 10/31/2011 refusing to certify Plaintiff's Interlocutory Appeal and denying request to file appeal in forma pauperis re 55 Notice of Appeal.(Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JANETTA SCONIERS,
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CASE NO. 1:11-cv-00113-LJO-SMS
APPEAL NO.
Plaintiff,
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ORDER REFUSING TO CERTIFY
PLAINTIFF’S INTERLOCUTORY APPEAL
AND DENYING PLAINTIFF’S REQUEST TO
FILE APPEAL IN FORMA PAUPERIS
v.
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JUDICIAL COUNCIL OF CALIFORNIA,
et al.,
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Defendants.
(Doc. 55)
/
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Plaintiff has requested waiver of the filing fee for a third interlocutory appeal in the
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above-captioned case. Because the appeal is not taken in good faith, the District Court certifies
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that the appeal is not taken in good faith and orders that Plaintiff’s motion to file an appeal in
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forma pauperis be denied.
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I.
Procedural History
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On January 21, 2011, Plaintiff, by her attorney, Ralston L. Courtney, filed a nearly
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incomprehensible 569-page complaint against 67 named defendants and 50 “John Doe”
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defendants alleging numerous causes of action and seeking multiple forms of relief. Plaintiff
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paid the full filing fee. The District Court has issued three orders to show cause why the
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complaint should not be dismissed for failure to comply with F.R.Civ.P. 8 and 11. In each
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instance, Plaintiff has filed an appeal to the Ninth Circuit Court of Appeals. The Court of
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Appeals dismissed the first two appeals for lack of jurisdiction.
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II.
Certification and Order Denying Plaintiff’s Request to Proceed in Forma Pauperis
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Plaintiff’s third appeal clearly having been frivolously taken to delay the order to show
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cause intended to identify and resolve the Rule 8 and 11 violations in her complaint, this Court
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HEREBY CERTIFIES that Plaintiff’s appeal is not taken in good faith. The Court further
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ORDERS that Plaintiff’s request to proceed in forma pauperis be denied.
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IT IS SO ORDERED.
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Dated:
b9ed48
October 31, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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