Wimberly v. United States of America et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 6/30/2017 ORDERING plaintiff's appeal is frivolous and plaintiff's ifp status is REVOKED. The Clerk shall serve this order on the Ninth Circuit. (cc: Ninth Circuit, case no. 17-16281) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY WIMBERLY,

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Plaintiff,

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No. 2:17-cv-0858 KJN P

v.

ORDER

UNITED STATES OF AMERICA, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff consented to the jurisdiction of the undersigned. (ECF No. 5.)

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In this action, plaintiff sought monetary relief against defendants for past wrongs in

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connection with the institution of slavery. On May 17, 2017, this action was dismissed and

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judgment was entered. (ECF Nos. 6, 8.) Plaintiff filed a notice of appeal to the Ninth Circuit

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Court of Appeals. (ECF No. 11).
On June 28, 2017, the Ninth Circuit referred this action to the undersigned to determine

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whether in forma pauperis status should continue for the appeal or whether the appeal was

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

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

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district court finds the appeal to be frivolous).

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For the reasons stated in the May 17, 2017 order, the undersigned finds that plaintiff’s
appeal is frivolous.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Because the appeal is frivolous, plaintiff’s in forma pauperis status is revoked;

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

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Appeals.

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Dated: June 30, 2017

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Wim858.app

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