Witkin v. M. et al.

Filing 27

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/10/2017 ORDERING that plaintiff's appeal is frivolous and his ifp status on appeal should be revoked. (cc: Ninth Circuit, case no. 17-15567) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL AARON WITKIN,

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No. 2:15-cv-2493 KJM CKD P

Plaintiff,

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v.

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KEVIN M., et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding in forma pauperis, sought relief pursuant to 42 U.S.C.

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§ 1983. Judgment was entered on September 27, 2016. On March 28, 2017, plaintiff filed a

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notice of appeal. On March 31, 2017, the United States Court of Appeals for the Ninth Circuit

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referred this matter to the district court “for the limited purpose of determining whether in forma

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pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad

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faith.” (ECF No. 26.)

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The Federal Rules of Appellate Procedure provide as follows:
[A] party who has been permitted to proceed in an action in the
district court in forma pauperis . . . may proceed on appeal in forma
pauperis without further authorization unless . . . the district court
shall certify that the appeal is not taken in good faith or shall find
that the party is otherwise not entitled so to proceed . . . .

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Fed. R. App. P. 24(a). After review of the record herein, the court determines that plaintiff’s

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appeal is frivolous and his in forma pauperis status on appeal should be revoked. This filing
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constitutes notification to plaintiff and the Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: April 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/witk2493.ifp_appeal

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