(PC) Nguyen v. Stoller et al

Filing 28

ORDER signed by Senior District Judge William B. Shubb on 8/29/2024 ORDERING that Plaintiff's in forma pauperis status should be revoked re 2 Motion to Proceed IFP. 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. (cc: USCA) (Mena-Sanchez, 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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DAI NGUYEN,

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No. 2:23-CV-1157-WBS-DMC-P
Plaintiff,

Court of Appeals No. 24-5142

v.
ORDER
JOHN STOLLER, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to

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42 U.S.C. § 1983. Final judgment was entered on July 22, 2024, and this case is closed. Plaintiff

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has appealed.

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The matter was referred to the undersigned by the Ninth Circuit Court of Appeals

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to certify whether in forma pauperis status should continue on appeal or whether the appeal is

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frivolous or taken in bad faith, in which case in forma pauperis status would be revoked. See 28

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U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).

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Having reviewed the entire file, the Court concludes in forma pauperis status should be revoked

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because, for the reasons discussed in detail in the Magistrate Judge’s Findings and

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Recommendations of June 17, 2024 (Docket No. 19), Plaintiff's appeal from this Court's final

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order dismissing the action for failure to state a claim is frivolous.
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///

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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: August 29, 2024

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