Armstrong v. Garcia, et al

Filing 80

ORDER signed by Judge Garland E. Burrell, Jr. on 6/26/2013 ORDERING that Plaintiff's in forma pauperis status on appeal is REVOKED. The Clerk of the Court shall serve a copy of this order on the Ninth Circuit Court of Appeals. (cc: USCA) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRADY ARMSTRONG,

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Plaintiff,

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No. 2: 11-cv-0965 GEB KJN P

vs.
SILVA GARCIA, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On May 20, 2013, this case was dismissed and judgment entered.

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On June 17, 2013, the Ninth Circuit Court of Appeals referred this action to this

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court to determine whether plaintiff’s in forma pauperis status should continue for the appeal or

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whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also

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Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma

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pauperis status is appropriate where the district court finds the appeal to be frivolous).

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Plaintiff’s appeal is frivolous because, for the reasons stated in the November 20,

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2012 findings and recommendations, plaintiff’s claims are barred by the statute of limitations and

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the doctrine of judicata.

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Because plaintiff’s appeal is frivolous, his in forma pauperis status on appeal is
revoked.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s in forma pauperis status on appeal is revoked;

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2. The Clerk of the Court shall serve a copy of this order on the Ninth Circuit

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Court of Appeals.

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Dated: June 26, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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