Todd v. Canby et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 1/17/2014 REVOKING the plaintiff's in forma pauperis status. (cc: Ninth Circuit Court of Appeals) (Michel, G)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEREK TODD, 11 12 13 14 No. 2:13-cv-1018 GEB AC PS Plaintiff, v. ORDER U.S. JUDGE WILLIAM CANBY, et al., Defendants. 15 16 Plaintiff, proceeding pro se, filed this action on May 22, 2013 together with a motion to 17 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff was granted leave to proceed in 18 forma pauperis on November 7, 2013. On December 24, 2013, this action was dismissed with 19 prejudice for failure to state a claim and plaintiff was declared a vexatious litigant. See ECF No. 20 5. Plaintiff has since filed a timely Notice of Appeal. ECF No. 7. 21 On January 7, 2014, the Ninth Circuit Court of Appeals filed a Referral Notice, referring 22 this matter to the district court for the limited purpose of determining whether in forma pauperis 23 status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 24 28 U.S.C. § 1915(a)(3). An appeal is taken in “good faith” where it seeks review of any issue that 25 is “nonfrivolous.” Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). An issue 26 is “frivolous” if it has “no arguable basis in fact or law.” See O’Loughlin v. Doe, 920 F.2d 614, 27 617 (9th Cir. 1990). 28 Here, plaintiff’s Notice of Appeal does not identify what portion of the court’s December 1 1 24, 2013 order he seeks to appeal. Nonetheless, the undersigned, having fully considered the 2 matter, finds that reasonable jurists could not disagree with the district court’s resolution of 3 plaintiff’s claims, or that jurists could conclude the issues presented are adequate to deserve 4 encouragement to proceed further. Accordingly, any appeal would be frivolous or taken in bad 5 faith, and plaintiff’s in forma pauperis status should be revoked 6 Accordingly, IT IS HEREBY ORDERED that plaintiff’s in forma pauperis status is 7 revoked. 8 DATED: January 17, 2014 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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