Grimes v. Leali et al

Filing 21

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/22/2016 ORDERING the district court determines that plaintiff's appeal is frivolous and his ifp status on appeal should be revoked. (cc: Ninth Circuit, No. 16-17051) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH GRIMES,

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No. 2:16-cv-1075 CKD P

Plaintiff,
v.

ORDER

LEALI, et al.,
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 October 25, 2016. On November 3, 2016, plaintiff filed a

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notice of appeal. On November 21, 2016, the United States Court of Appeals for the Ninth

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

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

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in bad faith.” (ECF No. 20.)

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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: November 22, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/grim1075.ifp_appeal

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