Cranford v. Perryman et al

Filing 37

ORDER REVOKING In Forma Pauperis Status, signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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vs.
SAMANTHA PERRYMAN, et al.,
Defendants.

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1:13-cv-00763-BAM (PC)
Appeal No. 14-17100
ORDER REVOKING IN FORMA
PAUPERIS STATUS
(ECF No. 36)

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By notice entered November 4, 2014, the United States Court of Appeals for the Ninth

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Circuit referred this matter to the District Court for the limited purpose of determining whether

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in forma pauperis status should continue for this appeal or whether the appeal is frivolous or

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taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d

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1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status is appropriate where the

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District Court finds the appeal to be frivolous).

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Permitting litigants to proceed in forma pauperis is a privilege, not a right. Franklin v.

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Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984); Williams v. Field, 394 F.2d 329, 332 (9th Cir.,

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cert. denied, 393 U.S. 891 (1968); Williams v. Marshall, 795 F.Supp. 978, 978-79 (N.D. Cal.

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1992). A federal court may dismiss a claim filed in forma pauperis prior to service if it is

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satisfied that the action is frivolous or malicious. 28 U.S.C. § 1915(e)(2); see Sully v. Lungren,

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842 F.Supp. 1230, 1231 (N.D. Cal. 1994). If a plaintiff with in forma pauperis status brings a

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case without arguable substance in law and fact, the court may declare the case frivolous.

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Franklin, 745 F.2d at 1227. By its order dismissing this action, the Court found that Plaintiff
was unable to state a cognizable claim despite multiple attempts and that Plaintiff had changed
the nature of his suit in his amended complaint. (ECF No. 30.)
Accordingly, IT IS HEREBY ORDERED that:
1. This matter is declared frivolous;
2. Pursuant to 28 U.S.C. § 1915(a)(3), Plaintiff is not entitled to proceed in forma
pauperis in Appeal No. 14-17100, filed October 27, 2014;

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3. Pursuant to Federal Rule of Appellate Procedure 24(a)(4), this Order serves as notice
to the parties and the United States Court of Appeals for the Ninth Circuit of the

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finding that Plaintiff is not entitled to proceed in forma pauperis for this appeal; and

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4. The Clerk of the Court is directed to serve a copy of this Order on Plaintiff and the
United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 5, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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