Carroll v. Knipp et al
ORDER signed by Judge Lawrence K. Karlton on 3/12/14 ORDERING that the Clerk is directed to file in this action the Referral Notice filed March 7, 2014 in the United States Court of Appeals for the Ninth Circuit. Plaintiff's in forma pauperis status is REVOKED. The Clerk is directed to serve a copy of this order on the parties to this action. The Clerk is directed to send a copy of this order to the United States Court of Appeals for the Ninth Circuit. (Kastilahn, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CIV. S-13-215 LKK/CKD
This matter has been referred to this court from the United
States Court of Appeals for the Ninth Circuit “for the limited
purpose of determining whether in forma pauperis status should
continue for this appeal or whether the appeal is frivolous or
taken in bad faith.”
Case No. 14-15425.
Referral Notice, filed March 7, 2014, in
This action was dismissed without prejudice due to
plaintiff’s failure to exhaust administrative remedies prior to
signed the complaint filed in this action on the day he alleges
he was subjected to excessive force by defendant and plainly
could not have even attempted to exhaust administrative remedies
See Order filed January 9, 2014 (ECF No. 30).
prior to suit.
this court hereby revokes plaintiff’s in forma pauperis status.
See Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir.
Plaintiff’s appeal is therefore frivolous and
In accordance with the above, IT IS HEREBY ORDERED that:
The Clerk of the Court is directed to file in this
action the Referral Notice filed March 7, 2014 in the United
States Court of Appeals for the Ninth Circuit.
Plaintiff’s in forma pauperis status is revoked; and
The Clerk of the Court is directed to serve a copy of
this order on the parties to this action; and
The Clerk of the Court is directed to send a copy of
this order to the United States Court of Appeals for the Ninth
March 12, 2014.
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