McNeil v. Singh

Filing 17

ORDER REVOKING 13 Motion to Proceed IFP, signed by Chief Judge Ralph R. Beistline on 05/29/2013. (Martin-Gill, S)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL McNEIL,
Case No. 1:12-cv-01005-RRB
Plaintiff,
vs.
ORTIZ SUNGH, M.D., et al,

ORDER REVOKING
IN FORMA PAUPERIS
[Re: Motion at Docket 13]

Defendant.

At Docket 13 Plaintiff Michael McNeil, a state prisoner appearing pro se and in
forma pauperis, filed a request to proceed in forma pauperis on appeal. This Court approved
McNeil's request to proceed IFP before this Court.1 This Court, having fully considered the
matter, finds that reasonable jurists could not disagree with this Court’s resolution of his
constitutional claims or that jurists could conclude the issues presented are adequate to
deserve encouragement to proceed further. Accordingly, the appeal is frivolous or taken in
bad faith.2
1

Docket. 4.

2

28 U.S.C. § 1915(a)(3); see Hooker v. American Airlines, 302 F.3d 1091,
1092 (9th Cir. 2002) (revocation of in forma pauperis status is appropriate if the appeal is
frivolous).
ORDER REVOKING IN FORMA PAUPERIS - 1
1:12-cv-01005-RRB

IT IS THEREFORE ORDERED that Plaintiff's in forma pauperis status is hereby
REVOKED.
IT IS SO ORDERED this 29th day of May, 2013.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER REVOKING IN FORMA PAUPERIS - 2
1:12-cv-01005-RRB