Taylor v. Virga et al
Filing
21
ORDER signed by Magistrate Judge Gregory G. Hollows on 06/10/11 ordering that the clerk of the court is to serve this response to the Ninth Circuit's 06/09/11 referral notice for appellate case no. 11-16450 upon the 9th circuit. (cc: USCA-9th circuit)(Plummer, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
SHAUNTAE TAYLOR,
11
Plaintiff,
12
vs.
13
No. CIV S-10-2731 GGH P
T. VIRGA, et al.,
14
Defendants.
15
ORDER
/
16
This case was dismissed for plaintiff’s failure to state a claim upon which relief
17
may be granted by Order, filed on May 26, 2011, and judgment thereon entered. After plaintiff, a
18
state prisoner who proceeded pro se and in forma pauperis in the district court, filed a notice of
19
appeal, the Ninth Circuit referred this matter “for the limited purpose of determining whether in
20
forma pauperis status should continue for this appeal or whether the appeal is frivolous on taken
21
in bad faith.”
22
It is this court’s determination that this appeal was not taken in good faith. As
23
noted in the adopted Findings and Recommendations, filed on April 28, 2011, p. 6, “[t]here is no
24
basis for a claim of an Eighth Amendment violation against defendants for plaintiff’s self-
25
confessed and apparently wholly unwarranted aggression toward his cellmates... and plaintiff
26
cannot raise claims on behalf of any party other than himself,” citing Halet v. Wend Inv. Co., 672
1
1
F.2d 1305, 1308 (9th Cir. 1982).
2
Accordingly, IT IS ORDERED that the Clerk of the Court is to serve this response
3
to the Ninth Circuit’s June 9, 2011, Referral Notice for Appellate Case No. 11-16450, upon the
4
Ninth Circuit.
5
DATED: June 10, 2011
/s/ Gregory G. Hollows
6
7
GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
GGH:009
tayl2731.ngf
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
