Walker

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

RICARDO VALDEZ, § No. 2:08–CV–1978–DAE § Plaintiff, § § vs. § §

CORRECTIONAL OFFICERS §

WALKER, GUFFEE, and VORON, et § al., § § Defendants. §

ORDER CERTIFYING THAT PLAINTIFF’S APPEAL IS NOT IN GOOD

FAITH UNDER 28 U.S.C. § 1915(A)(3)

This is a closed federal civil rights action. Plaintiff Ricardo Valdez (“Plaintiff”), a current inmate at the R.J. Donovan Correctional Facility in San Diego, California, appeals to the Ninth Circuit Court of Appeals this Court’s denial of his motion to reopen the case. The Ninth Circuit referred the matter to this Court for a determination of whether Plaintiff’s in forma pauperis (“IFP”) status “should continue for this appeal or whether the appeal is frivolous or taken in bad faith.” (Dkt. # 78.) This Court determines that Plaintiff’s IFP status should not continue. There are no valid grounds on which an appeal can be based given that none of the arguments that Plaintiff made to this Court would be non-frivolous if made again on appeal. This Court twice dismissed Plaintiff’s motions…