Bush
Bush v. Walensky
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
WILLIAM DAVID BUSH, CASE NO.: 21-cv-05825-YGR
Plaintiff, ORDER RE: NINTH CIRCUIT REFERRAL
NOTICE
vs. Re: Dkt. No. 13 ROCHELLE WALENSKY, ET AL.,
Defendants.
14 On October 25, 2021, the Court issued its Order which, as relevant here, adopted the 16 Magistrate Judge’s report and recommendation dismissing plaintiff’s complaint for failure to state a 17 claim. (Dkt. Nos. 6, 10.) On November 1, 2021, plaintiff filed a Notice of Appeal from the Court’s 18 October 25, 2021 Order. (Dkt. No. 11.) On November 5, 2021, the Ninth Circuit referred the 19 matter to this Court for determination of whether plaintiff’s in forma pauperis (“IFP”) status should 20 continue for this appeal. (Dkt. No. 13.) This Court determines that it should not. There are no valid grounds on which an appeal 22 can be based. Consequently, the Court certifies that any appeal taken from the order of dismissal 23 and judgment of this action will not be taken in good faith and is therefore frivolous. …