Hines v. VA Mather Medical Center

Filing 23

ORDER signed by Magistrate Judge Dennis M. Cota on 3/26/2019 IT IS SO ORDERED Plaintiff's in forma pauperis status should be REVOKED, and the Clerk of the Court is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (USCA #19-15340) (Reader, 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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MICHAEL HINES,

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Plaintiff,

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No. 2:17-CV-1634-DMC

v.

ORDER

VA MATHER MEDICAL CENTER,

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Defendant.

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Plaintiff, who is proceeding pro se, brought this civil action. Final judgment was

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entered on February 7, 2019, and plaintiff has appealed. The matter was referred to the

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undersigned by the Ninth Circuit Court of Appeals to certify whether in forma pauperis status

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should continue on appeal or whether the appeal is frivolous or taken in bad faith, in which case

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in forma pauperis status would be revoked. See 28 U.S.C. § 1915(a)(3); see also Hooker v.

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American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Having reviewed the entire file, the

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court concludes in forma pauperis status should be revoked because plaintiff’s appeal is frivolous

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and taken in bad faith. In particular, the court notes plaintiff failed to oppose defendant’s motion

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arguing the action should be dismissed for failure to exhaust administrative remedies under the

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Federal Tort Claims Act. As such, this court’s lack of jurisdiction was undisputed.

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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

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Se Unit at the Ninth Circuit Court of Appeals.

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Dated: March 26, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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