Curry
(PC) Ruiz v. Curry
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGELIO MAY RUIZ, No. 1:17-cv-01407-DAD-SKO (PC) Plaintiff, v. ORDER FINDING APPEAL NOT TAKEN IN
GOOD FAITH
J. CURRY,
Defendant. 16 Plaintiff Rogelio May Ruiz is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On February 25, 2019, the court dismissed the action, concluding that plaintiff had failed to state a cognizable claim. (Doc. No. 35.) On March 22, 2019, plaintiff filed a notice of appeal. (Doc. No. 37.) On July 29, 2019, the United States Court of Appeals for the Ninth Circuit referred the matter to this court for a determination, under Federal Rule of Appellate Procedure 24(a), whether plaintiff’s appeal is frivolous or taken in bad faith. (Doc. No. 41). An appeal is taken in good faith if the appellant seeks review of any issue that is not frivolous. Gardner v. Pogue, 558 F.2d 548, 550–51 (9th Cir. 1977) (citing Coppedge v.…