Williams v. State of California et al

Filing 63

NOTICE signed by Judge Kimberly J. Mueller on 8/9/12: Plaintiff's in forma pauperis status should be revoked on appeal. (cc: USCA) (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIRK DOUGLAS WILLIAMS,
Plaintiff,

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vs.

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No. CVI S-10-2893 KJM CKD P

STATE OF CALIFORNIA, et al.,
Defendants.

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NOTICE
/

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On July 24, 2012, the United States Court of Appeals for the Ninth Circuit

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referred this matter to the district court for the limited purpose of determining whether in forma

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

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faith under 28 U.S.C. § 1915(a)(3). (Dkt. No. 60.)
Plaintiff appeals the judgment of dismissal entered on July 5, 2012. (Dkt. Nos.

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57, 58.) Having reviewed the record, the court concludes that plaintiff’s appeal is frivolous. As

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set forth in the findings and recommendations dated March 13, 2012, plaintiff was granted

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several opportunities to amend his complaint to state a colorable claim. Rather than doing so, he

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continued his practice of filing frivolous pleadings that burdened the court. This action was

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dismissed for failure to amend. (Dkt. No. 49.)

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Accordingly, plaintiff’s in forma pauperis status should be revoked on appeal.

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IT IS SO NOTED.

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DATED: August 9, 2012.

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UNITED STATES DISTRICT JUDGE

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