UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 31, 2011
JUDICIAL COUNCIL OF CALIFORNIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER REFUSING TO CERTIFY PLAINTIFF'S INTERLOCUTORY APPEAL AND DENYING PLAINTIFF'S REQUEST TO FILE APPEAL IN FORMA PAUPERIS (Doc. 55)
Plaintiff has requested waiver of the filing fee for a third interlocutory appeal in the above-captioned case. Because the appeal is not taken in good faith, the District Court certifies that the appeal is not taken in good faith and orders that Plaintiff's motion to file an appeal in forma pauperis be denied.
I. Procedural History
On January 21, 2011, Plaintiff, by her attorney, Ralston L. Courtney, filed a nearly incomprehensible 569-page complaint against 67 named defendants and 50 "John Doe" defendants alleging numerous causes of action and seeking multiple forms of relief. Plaintiff paid the full filing fee. The District Court has issued three orders to show cause why the complaint should not be dismissed for failure to comply with F.R.Civ.P. 8 and 11. In each instance, Plaintiff has filed an appeal to the Ninth Circuit Court of Appeals. The Court of Appeals dismissed the first two appeals for lack of jurisdiction.
II. Certification and Order Denying Plaintiff's Request to Proceed in Forma Pauperis
Plaintiff's third appeal clearly having been frivolously taken to delay the order to show cause intended to identify and resolve the Rule 8 and 11 violations in her complaint, this Court HEREBY CERTIFIES that Plaintiff's appeal is not taken in good faith. The Court further ORDERS that Plaintiff's request to proceed in forma pauperis be denied.
IT IS SO ORDERED.
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