Histon v. Mitchell

Filing 38

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Jeffrey S. White on 7/9/12. (jjoS, COURT STAFF) (Filed on 7/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LARRY HISTON,

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Plaintiff,
vs.
KELLY MITCHELL,
Defendant.

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No. C 11-5210 JSW (PR)
ORDER REVOKING IN
FORMA PAUPERIS STATUS

Plaintiff, a California prisoner, has filed this pro se civil rights complaint under

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42 U.S.C. § 1983. Defendants’ motion to dismiss was granted because the complaint

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failed to state a cognizable claim for relief. Plaintiff has appealed. The Court of

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Appeals has referred the case to this Court for a determination of whether in forma

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

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taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines,

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302 F.3d 1091, 1092 (9th Cir. 2002). The Court finds that the appeal is frivolous and

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consequently determines that in forma pauperis status should be revoked for purposes

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of the appeal. The Clerk shall send a copy of this order to the Court of Appeals.

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IT IS SO ORDERED.
DATED: July 9, 2012

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY HISTON,

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Plaintiff,

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CERTIFICATE OF SERVICE

v.
KELLY MITCHELL et al,
Defendant.

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Case Number: CV11-05210 JSW

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 9, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Larry Histon J-79124
1N/89L
San Quentin State Prison
San Quentin, CA 94974

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Dated: July 9, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk