Raley v. Williams et al

Filing 35

ORDER signed by District Judge John A. Mendez on 9/24/2019 REVOKING plaintiff's in forma pauperis status. The Clerk is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (cc: USCA) (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN RALEY,

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Plaintiff,

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No. 2:14-CV-2652-JAM-DMC-P

v.

ORDER

BOB WILLIAMS, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to

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42 U.S.C. § 1983. Final judgment was entered on July 11, 2019, and plaintiff has appealed. The

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matter was referred to the undersigned by the Ninth Circuit Court of Appeals to certify whether in

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forma pauperis status should continue on appeal or whether the appeal is frivolous or taken in bad

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faith, in which case in forma pauperis status would be revoked. See 28 U.S.C. § 1915(a)(3); see

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also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Having reviewed the

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entire file, the court concludes in forma pauperis status should be revoked because there is no

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merit to plaintiff’s Eighth Amendment excessive fines claim.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s in forma pauperis status should be revoked; and

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The Clerk of the Court is directed to serve a copy of this order on the Pro

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Se Unit at the Ninth Circuit Court of Appeals.

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DATED: September 24, 2019

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/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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