Anderson vs. Voong, et al.,

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 4/5/2017 ORDERING plaintiff's ifp status on appeal is REVOKED. The Clerk shall serve this order on the Ninth Circuit Court of Appeals. (cc: Ninth Circuit)(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TUANJA EDWARD ANDERSON,

12
13
14
15

No. 2:16-cv-2948 KJN P

Plaintiff,
v.

ORDER

M. VOONG, et al.,
Defendants.

16
17
18
19

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff consented to the jurisdiction of the undersigned. (ECF No. 4.)
On January 23, 2017, the undersigned dismissed plaintiff’s complaint with thirty days to

20

file an amended complaint. (ECF No. 5.) Thirty days passed and plaintiff did not file an

21

amended complaint. Accordingly, on March 16, 2017, this action was dismissed based on

22

plaintiff’s failure to file an amended complaint and judgment was entered. (ECF Nos. 8, 9.)

23

Plaintiff appealed to the Ninth Circuit Court of Appeals. (ECF No. 10.) On March 31,

24

2017, the Ninth Circuit Court of Appeals referred this matter to the undersigned to determine

25

whether plaintiff’s in forma pauperis status should continue for the appeal or whether the appeal

26

was frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American

27

Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate

28

where district court finds appeal to be frivolous).
1

1
2

The undersigned dismissed this action based on plaintiff’s failure to file an amended
complaint within thirty days. For this reasons, plaintiff’s appeal is frivolous.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s in forma pauperis status for appeal is revoked;

5

2. The Clerk of the Court is directed to serve this order on the Ninth Circuit Court of

6

Appeals.

7

Dated: April 5, 2017

8
9
10

An2948.ifp

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2