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Reyes v. Smith

United States District Court, Ninth Circuit

December 24, 2013

DAVID REYES, Plaintiff,
v.
CHRISTOPHER SMITH, et al., Defendant.

ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. The matter was referred to the court by the Ninth Circuit Court of Appeals to certify whether the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3).

Having reviewed the entire file, the court concludes that the appeal is not taken in good faith. As stated in the court's July 19, 2013, findings and recommendations, this action was dismissed, without prejudice, for plaintiff's failure to exhaust his administrative remedies. Specifically, plaintiff filed two inmate appeals, but neither was sufficient to exhaust his administrative remedies before filing this action.

Accordingly, IT IS HEREBY ORDERED that:

1. This appeal is frivolous and not taken in good faith;
2. Plaintiff's in forma pauperis status is appropriately revoked; and
3. 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.

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