David v. Schwarzenegger et al
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 6/6/11 ORDERING that this appeal is not taken in good faith; and the Clerk of the Court is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (cc Ninth Circuit Court of Appeals)(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID M. DAVID,
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Plaintiff,
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No. CIV S-09-0092-CMK-P
vs.
ORDER
SCHWARZENEGGER, et al.,
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Defendants.
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/
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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, appeals the
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court’s final judgment entered on May 2, 2011. Plaintiff consented to Magistrate Judge
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jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party was served or appeared in the
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action. The matter was referred to the undersigned by the Ninth Circuit Court of Appeals to
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certify whether the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3). Having reviewed
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the entire file, the court concludes that the appeal is not taken in good faith. For the reasons
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stated in the court’s May 2, 2011, order dismissing the action, plaintiff has not stated a claim
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upon which relief can be granted.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
This appeal is not taken in good faith; and
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The Clerk of the Court is directed to serve a copy of this order on the Pro
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Se Unit at the Ninth Circuit Court of Appeals.
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DATED: June 6, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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