Portnoy - VEXATIOUS LITIGANT v. Delaney, et al

Filing 11

ORDER signed by District Judge Troy L. Nunley on 02/10/16 ORDERING that, this matter was referred by the 10 USCA for the limited purpose of determining whether IFP status should continue for Appellant's appeal; the court finds the claims are without merit and the appeal is frivolous; the Court REVOKES Appellant's IFP status (cc: USCA). (Benson, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SERGEI PORTNOY,

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No. 15-cv-01839-TLN-AC

Plaintiff - Appellant,
v.

ORDER REVOKING IN FORMA
PAUPERIS STATUS

CAROLYN K. DELANEY, U.S.
MAGISTRATE JUDGE, et. al.,
Defendants - Appellees.

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On February 1, 2016, Plaintiff/Appellant Sergei Portnoy (Appellant) appealed the Order
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of this Court adopting the findings and recommendations in his action. (ECF No. 8.) This matter
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was referred to the Court by the Ninth Circuit for the limited purpose of determining whether in
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forma pauperis status should continue for Appellant’s appeal. (ECF No. 10.) An appeal may not

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be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith or
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is frivolous. 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092
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(9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the
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appeal to be frivolous).
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The Court has carefully reviewed Appellant’s record and finds that Appellant’s claims are

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without merit and the appeal is frivolous. Accordingly, the Court hereby revokes Appellant’s in
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forma pauperis status and orders the case closed.
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IT IS SO ORDERED.

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Dated: February 10, 2016

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Troy L. Nunley
United States District Judge

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