Shehee v. Villalobos

Filing 17

NOTICE AND ORDER FINDING THAT APPEAL IS FRIVOLOUS re 16 signed by District Judge Lawrence J. O'Neill on 4/29/2015. (Lundstrom, T)

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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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MEILCA VILLALOBOS,

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Case No. 1:14-cv-00622-LJO-DLB PC
Appeal No. 15-15844
NOTICE AND ORDER FINDING THAT
APPEAL IS FRIVOLOUS

Defendant.

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(ECF No. 16)

_____________________________________/

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Plaintiff Gregory Ell Shehee, a prisoner proceeding pro se and in forma pauperis, filed this

18 civil rights action pursuant to 42 U.S.C. § 1983 on April 28, 2014. On April 13, 2015, the Court
19 dismissed the complaint without leave to amend and directed the Clerk of Court to close the case.
20 Judgment was entered on the same date. Plaintiff filed a notice of appeal on April 24, 2015, and
21 on April 28, 2015, the United States Court of Appeals for the Ninth Circuit referred the matter to
22 the district court for a determination whether in forma pauperis status should continue for this
23 appeal or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3).
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An appeal is taken in good faith if the appellant seeks review of any issue that is not

25 frivolous. Gardner v. Pogue, 558 F.2d 548, 550-51 (9th Cir. 1977); see also Hooker v. American
26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (if at least one issue or claim is non-frivolous, the
27 appeal must proceed in forma pauperis as a whole). In this case, the Court finds that the appeal is
28 frivolous. Hooker, 302 F.3d at 1092.

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Accordingly, the Court HEREBY ORDERS as follows:

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Pursuant to 28 U.S.C. § 1914(a)(3), the Court finds that the appeal is frivolous;

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The Court elects to revoke in forma pauperis status; and

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The Clerk of the Court shall serve this order on Plaintiff and the Court of Appeals

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IT IS SO ORDERED
7 Dated: April 29, 2015
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/s/ Lawrence J. O’Neill
United States District Judge

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