Knapp v. Tilton et al

Filing 42

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge JEFFREY S. WHITE on 12/14/12. (jjoS, COURT STAFF) (Filed on 12/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERIC CHARLES RODNEY K’NAPP, )
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Plaintiff,
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v.
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JAMES TILTON, et al,
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Defendants.
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No. C 08-0719 JSW (PR)
ORDER REVOKING IN FORMA
PAUPERIS STATUS

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This is a civil rights case filed by a pro se prisoner pursuant to 42 U.S.C.

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§ 1983. On November 8, 2010, the case was dismissed for failure to comply with the

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joinder requirements of the Federal Rule of Civil Procedure 20 even after being given

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the opportunity to amend. On appeal, the United States Court of Appeals affirmed the

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dismissal on Rule 20 grounds. The Court of Appeals thereafter denied Plaintiff’s motion

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for rehearing. On October 24, 2012, nearly two years after this Court dismissed the case,

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Plaintiff has filed a motion for reconsideration. The motion was denied and Plaintiff has

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appealed again. The Court of Appeals has referred the case to this Court for a

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determination of whether in forma pauperis status should continue for this appeal or

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whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see

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also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Court finds

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that the appeal is frivolous and consequently determines that in forma pauperis status

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should be revoked for purposes of the appeal. The Clerk shall send a copy of this order

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to the Court of Appeals.

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IT IS SO ORDERED.
DATED: December 14, 2012

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC C R KNAPP et al,

Case Number: CV08-00719 JSW

Plaintiff,

CERTIFICATE OF SERVICE

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v.

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JAMES TILTON et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 19, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Eric Charles Rodney Knapp
J-10618
Sierra Conservation Center
5150 O’Byrnes Ferry Road
Jamestown, CA 95327

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Dated: December 19, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk