Morris v. Evans et al

Filing 54

ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS. Morris's IFP status is hereby REVOKED. The Clerk shall forthwith notify Morris and the Court of Appeals of this order. Signed by Judge William H. Orrick on 12/4/2015. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 12/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LEON EUGENE MORRIS,
Plaintiff,
v.
R. PASTOR, et al.,

Case No. 10-cv-04010-WHO (PR)
ORDER REVOKING PLAINTIFF’S
IN FORMA PAUPERIS STATUS

Defendants.

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United States District Court
Northern District of California

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This federal civil rights action is on appeal. The Court of Appeals has referred the

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matter to this Court for a determination whether plaintiff Leon Morris’s in forma pauperis

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(“IFP”) status should continue for this appeal. This Court determines that it should not.

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There are no valid grounds on which an appeal can be based. Consequently, the Court

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certifies that any appeal taken from the order of dismissal and judgment of this action will

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not be taken in good faith and is therefore frivolous. Fed. R. App. P. 24(a)(3)(A); Ellis v.

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United States, 356 U.S. 674, 674-75 (1958); Hooker v. American Airlines, 302 F.3d 1091,

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1092 (9th Cir. 2002). Accordingly, Morris’s IFP status is hereby REVOKED. The Clerk

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shall forthwith notify Morris and the Court of Appeals of this order. See Fed. R. App. P.

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24(a)(4). Morris may file a motion for leave to proceed IFP on appeal in the Court of

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Appeals within thirty days after service of notice of this order. See Fed. R. App. P.

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24(a)(5). Any such motion “must include a copy of the affidavit filed in the district court

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and the district court’s statement of reasons for its action.” Id.

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IT IS SO ORDERED.
Dated: December 4, 2015
_________________________
WILLIAM H. ORRICK
United States District Judge