Corothers v. Salinas Valley State Prison et al

Filing 12

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 7/29/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 7/29/2011)

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*E-Filed 7/29/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ORDER REVOKING IN FORMA
PAUPERIS STATUS

Plaintiff,

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No. C 11-01194 RS (PR)

DONTE COROTHERS,

v.

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SALINAS VALLEY STATE PRISON,

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Defendant,
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This closed federal civil rights action, which is currently on appeal, was filed

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pursuant to 42 U.S.C. § 1983 by a pro se state prisoner. The Court of Appeals has referred

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the matter to this Court for a determination whether in forma pauperis status (“IFP”) should

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continue for this appeal. This Court determines that it should not. The Court certifies that

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any appeal taken from the order of dismissal and judgment of this action will not be taken in

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good faith and is therefore frivolous because there are no valid grounds on which to base an

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appeal. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75

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(1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly,

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plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify plaintiff and the

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Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to

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No. C 11-01194 RS (PR)
ORDER REVOKING IFP STATUS

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proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of

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this order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed

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

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IT IS SO ORDERED.
DATED: July 29, 2011
RICHARD SEEBORG
United States District Judge

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United States District Court
For the Northern District of California

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No. C 11-01194 RS (PR)
ORDER REVOKING IFP STATUS