McMASTER v. THOMAS, CV 1-04-6453-FRZ. (2012)
Court: District Court, E.D. California
Number: infdco20120601e48
Visitors: 19
Filed: May 30, 2012
Latest Update: May 30, 2012
Summary: ORDER FRANK R. ZAPATA, Senior District Judge. A review of the record reflects that Plaintiff is seeking to proceed in forma pauperis ("IFP") on appeal. However, as Plaintiff's appeal in this case is not taken in good faith and is frivolous, Plaintiff's request to proceed IFP on appeal is denied and IFP status is revoked. See 28 U.S.C. 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091 , 1092 (9 th Cir. 2002). As stated in the Court's Order granting summary judgment in this case (Doc
Summary: ORDER FRANK R. ZAPATA, Senior District Judge. A review of the record reflects that Plaintiff is seeking to proceed in forma pauperis ("IFP") on appeal. However, as Plaintiff's appeal in this case is not taken in good faith and is frivolous, Plaintiff's request to proceed IFP on appeal is denied and IFP status is revoked. See 28 U.S.C. 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091 , 1092 (9 th Cir. 2002). As stated in the Court's Order granting summary judgment in this case (Doc...
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ORDER
FRANK R. ZAPATA, Senior District Judge.
A review of the record reflects that Plaintiff is seeking to proceed in forma pauperis ("IFP") on appeal. However, as Plaintiff's appeal in this case is not taken in good faith and is frivolous, Plaintiff's request to proceed IFP on appeal is denied and IFP status is revoked. See 28 U.S.C. §1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). As stated in the Court's Order granting summary judgment in this case (Doc. 104), Plaintiff primarily sued Defendants for deliberate medical indifference in violation of the Eighth Amendment. However, the undisputed material, admissible evidence before the Court reflected that Plaintiff received extensive, timely and appropriate medical treatment pertaining to the relatively minor injuries at issue (an ankle injury) which showed that there was no deliberate medical indifference by Defendants, and that Defendants did not fail to take reasonable action to address Plaintiff's medical needs. The Clerk of the Court shall immediately notify and send a copy of this Order to the Ninth Circuit.
Source: Leagle
