Victory v. Board of Parole Hearings et al

Filing 30

ORDER signed by Senior Judge William B. Shubb on 5/25/17 ORDERING the court determines that plaintiff's appeal is frivolous and his in forma pauperis status on appeal should be revoked. (cc USCA) (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. VICTORY,

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No. 2:16-cv-0997 WBS CKD P

Plaintiff,
v.

ORDER

BOARD OF PAROLE HEARINGS, et al.,

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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 April 13, 2017. On May 8, 2017, plaintiff filed a notice of

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appeal. On May 23, 2017, the United States Court of Appeals for the Ninth Circuit referred this

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

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status should continue for this appeal or whether the appeal is frivolous or taken in bad faith.”

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(ECF No. 29.)

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The Federal Rules of Appellate Procedure provide as follows:

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[A] party who has been permitted to proceed in an action in the district court in forma pauperis . .

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. may proceed on appeal in forma pauperis without further authorization unless . . . the district

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court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise

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not entitled so to proceed . . . .

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Fed. R. App. P. 24(a).
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In her Findings and Recommendations of November 4, 2016, (Docket No. 14), the

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Magistrate Judge found plaintiff’s claim frivolous. This court adopted that finding in its order of

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April 13, 2017. (Docket No. 25). The court has no reason to change that finding. Accordingly,

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the court determines that plaintiff’s appeal is frivolous and his in forma pauperis status on appeal

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should be revoked. The Clerk of this court shall forward a copy of this Order to the Clerk of the

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United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated: May 25, 2017

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12/vict0997.ifp_appeal.docx

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