Porter v. Ent

Filing 32

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Magistrate Judge Elizabeth D. Laporte on 10/12/2011. (Attachments: #(1) cert serv)(kns, COURT STAFF) (Filed on 10/13/2011) (Additional attachment(s) added on 10/13/2011: # 2 amended cert serv) (kns, COURT STAFF).

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JAMES B. PORTER,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

No. 11-01763-EDL
ORDER REVOKING IN FORMA PAUPERIS
STATUS

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GREGORY ENT,
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Defendant.
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___________________________________/
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This Court granted Plaintiff’s application to proceed in forma pauperis on April 26, 2011.

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Thereafter, Plaintiff filed an Amended Complaint, which was dismissed with prejudice based on the

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statute of limitations and because some of the claims were improperly brought against a private

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citizen. See Dkt. # 28. Plaintiff filed a “Notice of Intent to Appeal” on October 5, in which he

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referenced three prior cases adjudicated against him in this district between 1999 and 2002, some or

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all of which apparently involved the same parties and issues, and does not explain how the Court

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erred in likewise dismissing this action. See Dkt. # 29.

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On October 7, the Ninth Circuit issued a Referral Notice to this Court to determine “whether

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in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in

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bad faith.” The Court determines that the appeal is frivolous and hereby REVOKES Plaintiff’s in

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forma pauperis status. See 28 U.S.C. § 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091

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(9th Cir. 2002).

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The Clerk of Court is Ordered to notify the Ninth Circuit and the parties of the Court’s
decision.

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IT IS SO ORDERED.

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Date: October 12, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge

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For the Northern District of California

United States District Court

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