Graves v. Jones et al

Filing 16

ORDER signed by Chief Judge Morrison C. England, Jr on 12/22/14 ORDERING Plaintiff's in forma pauperis status is thus REVOKED. The Clerk of the Court 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. 14-17433.(cc USCA) (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER GRAVES,

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No. 2:14-cv-01477-MCE-AC

Plaintiff,
v.

ORDER

ROBERT JONES, et al.,
Defendants.

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On June 20, 2014, Plaintiff Peter Graves (“Plaintiff”), proceeding pro se, brought

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this civil action claiming, to the extent the Court understands his position, that he was

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discriminated against when he was treated differently than others at a community board

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meeting. On November 19, 2014, the Court dismissed Plaintiff’s amended complaint in

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its entirety. Order, ECF No. 10. Plaintiff filed a Notice of Appeal on December 9, 2014.

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ECF No. 12. On November 12, 2014, the United States Court of Appeals for the Ninth

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

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

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status should be revoked because the appeal is frivolous or taken in bad faith. ECF

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No. 14; see 28 U.S.C. § 1915(a)(3).

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Plaintiff’s appeal is not taken in good faith because despite being given specific
instructions as to how to amend his complaint, Plaintiff’s allegations wholly failed to
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comply with Rule 8. To the contrary, “the first amended complaint consists of long,

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rambling and incoherent allegations that several constitutional rights and laws have been

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violated” and those allegations are “interspersed with disjointed factual assertions and

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conclusions.” See ECF Nos. 8, 10. Accordingly, because it is impossible for the Court

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to decipher Plaintiff’s “conclusory and incoherent allegations,” both the pleading here

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and Plaintiff’s current appeal are frivolous.

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Plaintiff’s in forma pauperis status is thus REVOKED. The Clerk of the Court is

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ordered to TRANSMIT a copy of this Order to the Clerk of the Court of the United States

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Court of Appeals for the Ninth Circuit for filing on the docket of Case No. 14-17433.

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IT IS SO ORDERED.

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Dated: December 22, 2014

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