Martinez v. Lizarraga et al.

Filing 17

ORDER signed by Senior Judge William B. Shubb on 5/15/2017 ORDERING 13 this court adopted the F & R's 11 on 4/20/2017. Because the court has found plaintiff's action to be frivolous, the court HEREBY REVOKES Plaintiff's Forma Pauperis Status on Appeal. The Clerk of this Court shall forthwith forward a copy of this Order to the Clerk of the USCA for the Ninth Circuit. (cc: USCA #17-15946)(Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JOAQUIN MURRIETTA MARTINEZ, Plaintiff, 13 14 15 No. 2:16-cv-2275 Court of Appeals No. 17-15946 v. J. LIZARRAGA, Warden; et al., ORDER Defendants. 16 17 ----oo0oo---- 18 In the Magistrate Judge’s Order of January 23, 2017, 19 20 plaintiff’s original complaint was dismissed on the ground that 21 it was found to be frivolous. 22 Findings and Recommendations of March 27, 2017, the Magistrate 23 Judge recommended dismissal of plaintiff’s amended complaint for 24 the same reasons. 25 Findings and Recommendations on April 20, 2017 (Docket No. 11). 26 Because the court has found plaintiff’s action to be frivolous, 27 the court HEREBY REVOKES PLAINTIFF’S FORMA PAUPERIS STATUS ON 28 APPEAL. (Docket No. 6). (Docket No. 9). In his subsequent This court adopted the See 28 U.S.C. § 1915(a)(3); and Hooker v. American 1 1 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 2 The Clerk of this Court shall forthwith forward a copy 3 of this Order to the Clerk of the United States Court of Appeals 4 for the Ninth Circuit. 5 6 IT IS SO ORDERED. Dated: May 15, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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