Jones v. California Supreme Court

Filing 17

ORDER signed by Judge Lawrence K. Karlton on 10/24/12 ORDERING that plaintiff's in forma pauperis status is revoked; and the Clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case No. 12-17140. (cc USCA) (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREDERICK JONES, Sr.,
Plaintiff,

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No. 2:11-cv-3048 LKK GGH P

vs.

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CALIFORNIA SUPREME COURT,
Clerks and Administrators, et al.,
Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se and in forma paupers, seeks relief

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pursuant to 42 U.S.C. § 1983. On June 26, 2012, the court closed this case as frivolous and for

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failure to state a claim. On July 20, 2012, the court denied plaintiff’s motion pursuant to Fed. R.

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Civ. P. 60(b). Plaintiff filed an appeal with the Ninth Circuit and on September 26, 2012, the

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Ninth Circuit referred the matter back to this court for the limited purpose of determining

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

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is frivolous or taken in bad faith. For the reasons set forth in the prior courts orders (Docs. 4, 9),

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the court finds that plaintiff’s appeal is frivolous. Hooker v. American Airlines, 302 F.3d 1091,

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1092 (9th Cir. 2002). Therefore, plaintiff’s in forma pauperis status is revoked.

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Accordingly, IT IS HEREBY ORDERED that:

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

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2. The Clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case

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No. 12-17140.

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DATED: October 24, 2012.

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