Carroll v. Knipp et al

Filing 37

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 D. CARROLL, 12 CIV. S-13-215 LKK/CKD Plaintiff, 13 14 No. v. ORDER HIENTSCHELL, Lt., 15 Defendant. 16 This matter has been referred to this court from the United 17 18 States Court of Appeals for the Ninth Circuit “for the limited 19 purpose of determining whether in forma pauperis status should 20 continue for this appeal or whether the appeal is frivolous or 21 taken in bad faith.” 22 Case No. 14-15425. Referral Notice, filed March 7, 2014, in This action was dismissed without prejudice due to 23 24 plaintiff’s failure to exhaust administrative remedies prior to 25 suit. 26 signed the complaint filed in this action on the day he alleges 27 he was subjected to excessive force by defendant and plainly 28 could not have even attempted to exhaust administrative remedies See Order filed January 9, 2014 (ECF No. 30). 1 Plaintiff 1 prior to suit. 2 this court hereby revokes plaintiff’s in forma pauperis status. 3 See Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 4 2002). Plaintiff’s appeal is therefore frivolous and 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. The Clerk of the Court is directed to file in this 7 action the Referral Notice filed March 7, 2014 in the United 8 States Court of Appeals for the Ninth Circuit. 9 2. Plaintiff’s in forma pauperis status is revoked; and 10 3. The Clerk of the Court is directed to serve a copy of 11 12 this order on the parties to this action; and 4. The Clerk of the Court is directed to send a copy of 13 this order to the United States Court of Appeals for the Ninth 14 Circuit. 15 DATED: March 12, 2014. 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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