(PC) Gardner v. Barrett et al, No. 2:2017cv00925 - Document 22 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge Garland E. Burrell, Jr. on 11/30/2017 ORDERING 10 the court concludes that the appeal is frivolous for the reasons outlined in the court's June 23, 2017, findings and recommendations; the Clerk of the Court is directed to serve of copy of this on the Pro Se Unit at the Ninth Circuit Court of Appeals #17-17283. (Reader, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS GARDNER, 12 13 14 15 No. 2:17-CV-0925-GEB-CMK-P Plaintiff, v. ORDER THOMAS BARRETT, et al., Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, appeals the court’s final judgment 18 entered on October 20, 2017. The matter was referred to the undersigned by the Ninth Circuit 19 Court of Appeals to certify whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. 20 § 1915(a)(3). Having reviewed the entire file, the court concludes that the appeal is frivolous for 21 the reasons outlined in the court’s June 23, 2017, findings and recommendations. 22 23 24 25 The Clerk of the Court is directed to serve of copy of this on the Pro Se Unit at the Ninth Circuit Court of Appeals. IT IS SO ORDERED. Dated: November 30, 2017 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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