Whitsitt v. Patricio Enterprises et al

Filing 74

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/27/2015 FINDING that the instant appeal is without merit and is not taken in good faith; REVOKING the plaintiff's in forma pauperis status. (cc: Ninth Circuit) (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM J. WHITSITT,

12
13
14

No. 2:13-cv-0118 KJM GGH PS

Plaintiff,
v.

ORDER

PATRICIO ENTERPRISES, et al.,

15

Defendants.

16
17

Plaintiff, who had proceeded pro se and in forma pauperis in the district court, filed on

18

November 2, 2015, a notice of appeal. The appeal has since been processed to the Ninth Circuit

19

Court of Appeals.

20

Pending before the court is the Ninth Circuit Court’s referral notice, issued November 18,

21

2015, for the limited purpose of determining whether in forma pauperis status should continue for

22

the appeal, or whether the appeal is frivolous or taken in bad faith.

23

“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it

24

is not taken in good faith.” 28 U.S.C. § 1915(a)(3). Revocation of in forma pauperis status is

25

appropriate when a district court finds an appeal to be frivolous. Hooker v. American Airlines,

26

302 F.3d 1091, 1091-92 (9th Cir. 2002).

27
28

For the reasons stated in the July 31, 2014 findings and recommendations (see ECF No.
45), adopted by the district judge on March 31, 2015 (ECF No. 53), the court finds that the instant
1

1

appeal is without merit and is not taken in good faith. The court thus certifies that plaintiff’s

2

appeal is not taken in good faith, and concludes that plaintiff’s in forma pauperis status should not

3

continue for purposes of the appeal.

4

In accordance with the above, IT IS HEREBY ORDERED that:

5

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

6

2. The Clerk of the Court is directed to serve the United States Court of Appeals for the

7

Ninth Circuit with a copy of this order.

8

Dated: November 27, 2015

9

/s/ Gregory G. Hollows

10

UNITED STATES MAGISTRATE JUDGE

11
12
13
14

GGH:076/Whit0118.ifp

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2