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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1 2 3 *E-Filed 7/29/11* 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 ORDER REVOKING IN FORMA PAUPERIS STATUS Plaintiff, 13 14 No. C 11-01194 RS (PR) DONTE COROTHERS, v. 15 SALINAS VALLEY STATE PRISON, 16 Defendant, / 17 18 This closed federal civil rights action, which is currently on appeal, was filed 19 pursuant to 42 U.S.C. § 1983 by a pro se state prisoner. The Court of Appeals has referred 20 the matter to this Court for a determination whether in forma pauperis status (“IFP”) should 21 continue for this appeal. This Court determines that it should not. The Court certifies that 22 any appeal taken from the order of dismissal and judgment of this action will not be taken in 23 good faith and is therefore frivolous because there are no valid grounds on which to base an 24 appeal. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75 25 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, 26 plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify plaintiff and the 27 Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to 28 No. C 11-01194 RS (PR) ORDER REVOKING IFP STATUS 1 proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of 2 this order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed 3 in the district court and the district court’s statement of reasons for its action.” Id. 4 5 IT IS SO ORDERED. DATED: July 29, 2011 RICHARD SEEBORG United States District Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 11-01194 RS (PR) ORDER REVOKING IFP STATUS

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