Shehee v. Beuster et al

Filing 24

NOTICE and ORDER REVOKING In Forma Pauperis Status signed by District Judge Lawrence J. O'Neill on 3/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,
v.

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YVONNE BEUSTER, et al.,
Defendants.

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1:14-cv-00122-LJO-BAM (PC)
NOTICE AND ORDER REVOKING IN
FORMA PAUPERIS STATUS
(ECF No. 23)

By notice entered March 13, 2015, 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.

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Here, the Magistrate Judge screened Plaintiff’s complaint and dismissed it for failure to

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state a claim. Plaintiff was granted leave to amend, but failed to file an amended complaint. As

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a result, the Magistrate Judge issued findings and recommendations that Plaintiff’s action be

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dismissed for failure to state a claim and failure to amend. Plaintiff did not file any objections

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and the Court adopted the Magistrate Judge’s findings and recommendations in full. Despite the

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failure to amend his complaint or to file any objections, Plaintiff is now appealing dismissal of

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this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The appeal is declared frivolous and not taken in good faith;

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2.

Pursuant to 28 U.S.C. § 1915(a)(3), Plaintiff is not entitled to proceed in forma

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pauperis in Appeal No. 15-15450, filed March 10, 2015;
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Pursuant to Federal Rule of Appellate Procedure 24(a)(4), this Order serves as

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notice to the parties and the United States Court of Appeals for the Ninth Circuit of the finding

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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

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the United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

March 16, 2015

UNITED STATES DISTRICT JUDGE

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