Robinson v. Brown et al

Filing 41

ORDER signed by Chief Judge Morrison C. England, Jr., on 10/7/14 ORDERING that Plaintiff's in forma pauperis status is hereby REVOKED; and the Clerk is ordered to TRANSMIT a copy of this Order to the Clerk of the Court of the United States Court of Appeals for the Ninth Circuit for filing on the docket of Case No. 14-16859. (cc: USCA) (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY L. ROBINSON,

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No. 2:12-cv-01776-MCE-DAD

Plaintiff,
v.

ORDER

GOVERNOR JERRY BROWN et al.,,
Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action seeking

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relief under 42 U.S.C. § 1983. Plaintiff alleges that he is a member of the House of

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Yahweh faith, and when he asked Defendants Elia and Goeke for access to the chapel

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at California State Prison, Sacramento (“CSP-Sacramento”) in 2009, they refused him

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such access. On August 15, 2014, the Court dismissed this action because it is barred

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by the doctrines of res judicata and collateral estoppel. ECF Nos. 27, 35. On

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September 15, 2014, Plaintiff filed a notice of appeal. ECF No. 37.

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On September 29, 2014, the United States Court of Appeals for the Ninth Circuit

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referred the matter back to this Court for the limited purpose of determining whether

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Plaintiff’s in forma pauperis status should continue on appeal or whether that status

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should be revoked because the appeal is frivolous or taken in bad faith. ECF No. 40.

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See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092
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(9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court

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finds the appeal to be frivolous). An issue is frivolous if it has “no arguable basis in fact

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or law.” O'Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990).

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The Court finds that Plaintiff’s appeal is taken in bad faith because the issue

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presented, whether Plaintiff was unlawfully denied chapel access at CSP-Sacramento,

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was previously litigated and is now barred by the doctrines of res judicata and collateral

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estoppel. See ECF Nos. 27, 35.

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CONCLUSION

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For the reasons set forth above, IT IS HEREBY ORDERED that:

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Plaintiff’s in forma pauperis status is hereby REVOKED; and

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The Clerk of the Court is ordered to TRANSMIT a copy of this Order to the

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Clerk of the Court of the United States Court of Appeals for the Ninth Circuit for filing on

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the docket of Case No. 14-16859.

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IT IS SO ORDERED.

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Dated: October 7, 2014

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