Wilson v. California Medical Facility et al

Filing 51

ORDER signed by Senior Judge Morrison C. England, Jr on 3/23/2021 ORDERING that 2 Motion to proceed in forma pauperis is REVOKED; The Clerk of the Court is directed to serve a copy of this order on the Pro Se Unitat the Ninth Circuit Court of Appeals. (cc: USCA)(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID W. WILSON,

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Plaintiff,

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No. 2:16-cv-01547-MCE-DMC-P

v.

ORDER

MICHAEL C. SMITH, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. The matter was referred to the undersigned by the Ninth Circuit Court of

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Appeals, see ECF No. 50, to certify whether in forma pauperis status should continue on appeal

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or whether the appeal is frivolous or taken in bad faith, in which case in forma pauperis status

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would be revoked, see 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d

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1091, 1092 (9th Cir. 2002). Having reviewed the entire file, the Court concludes in forma

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pauperis status should be revoked because Plaintiff’s appeal from the Court’s dismissal for failure

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to pay the filing fees for this case is frivolous.

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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 Se Unit

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at the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.

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Dated: March 23, 2021

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