Humes v. State of California et al

Filing 16

ORDER signed by District Judge John A. Mendez on 01/15/19 REVOKING Plaintiff's in forma pauperis status per 15 Notice (cc: USCA). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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Plaintiff,

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No. 2:18-cv-695-JAM-DMC-P

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, appeals the

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court's final judgment entered on November 11, 2018. 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 the appeal is frivolous. As

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explained in the court’s May 25, 2018, findings and recommendations, plaintiff’s allegations of

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defamation fail to state a claim cognizable under 42 U.S.C. § 1983.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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: January 15, 2019

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/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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