Alexander v. California Department of Corrections & Rehabilitation et al

Filing 31

ORDER signed by Judge William B. Shubb on 10/30/12 ORDERING that plaintiff's forma pauperis status be REVOKED on appeal; AND IT IS FURTHER ORDERED that plaintiff's motion for a certificate of appealability be, and the same hereby is, DENIED. The Clerk of this Court is hereby ordered to forthwith transmit a copy of this Order to the Clerk of the United States Court of Appeals for the Ninth Circuit.(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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ALEXIOS ALEXANDER,

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Plaintiff,

No. 2:12-cv-0445 WBS EFB P

vs.
Court of Appeals No. 12-17397
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION,
et al.,

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Defendants.
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ORDER
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This matter has been referred to this court by the Court of Appeals for the limited
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purpose of determining whether in forma pauperis status should continue for appeal. See 28
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U.S.C. § 1915(a)(3). For the reasons explained in detail in the Magistrate Judge’s Findings and
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Recommendations, filed August 13, 2012, this court finds plaintiff’s appeal is frivolous.
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Therefore plaintiff’s forma pauperis status will be revoked on appeal. See Hooker v. American
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Airlines, 302 F. 3d 1091, 1092 (9th Cir. 2002).
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On October 15, 2012, plaintiff has also filed a Motion for Certificate of
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Appealability. This is a civil action under 42 U.S.C. § 1983, not a habeas corpus proceeding.
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Accordingly, the provisions of 28 U.S.C. § 2253, dealing with certificates of appealability, are
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inapplicable.
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IT IS THEREFORE ORDERED that plaintiff’s forma pauperis status be
REVOKED on appeal;
AND IT IS FURTHER ORDERED that plaintiff’s motion for a certificate of
appealability be, and the same hereby is, DENIED.
The Clerk of this Court is hereby ordered to forthwith transmit a copy of this

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Order to the Clerk of the United States Court of Appeals for the Ninth Circuit.

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DATED: October 30, 2012

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