Faison v. Outlaw Association and Hearts Behind Bars Association

Filing 11

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 3/21/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 3/21/2012)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO DIVISION 4 5 MATTHEW LEO LEVI FAISON, 6 7 8 No. C 11-5095 RS (PR) Plaintiff, ORDER REVOKING IN FORMA PAUPERIS STATUS v. OUTLAW ASSOCIATION, and HEARTS AND BARS ASSOCIATION, 10 United States District Court For the Northern District of California 9 Defendants. / 11 12 This closed federal civil rights action, which is currently on appeal, was filed by a pro 13 se state prisoner. The Court of Appeals has referred the matter to this Court for a 14 determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this 15 appeal. This Court determines that it should not. There are no valid grounds on which an 16 appeal can be based. Consequently, the Court certifies that any appeal taken from the order 17 of dismissal and judgment of this action will not be taken in good faith and is therefore 18 frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674– 19 75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, 20 plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify plaintiff and the 21 Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to 22 proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of 23 this order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed 24 in the district court and the district court’s statement of reasons for its action.” Id. 25 26 27 IT IS SO ORDERED. DATED: March 21, 2012 RICHARD SEEBORG United States District Judge 28 No. C 11-5095 RS (PR) ORDER REVOKING IFP STATUS

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