Young v. North American Van Lines, Inc.

Filing 69

ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL. Signed by Judge Jeffrey S. White on 3/22/13. (jjoS, COURT STAFF) (Filed on 3/22/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 TERRA S. YOUNG, 9 11 For the Northern District of California United States District Court 10 No. C 12-00257 JSW Plaintiff, v. NORTH AMERICAN VAN LINES, 12 ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL Defendant, / 13 14 The Court has received the notice from the United States Court of Appeals for the Ninth 15 Circuit referring the matter to this Court for the limited purpose of determining whether in 16 forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken 17 in bad faith. See 28 U.S.C. ยง 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 18 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court 19 finds the appeal to be frivolous). 28 U.S.C. 1915(a)(3) provides that an appeal may not be taken 20 in forma pauperis if the district court certifies that it is taken in bad faith. The Court concludes 21 that the appeal is not taken in good faith and DECLINES to permit Plaintiff to proceed in forma 22 pauperis on appeal. IT IS SO ORDERED. 23 24 25 26 27 28 Dated: JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 TERRA S. YOUNG, Case Number: CV12-00257 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 NORTH AMERICAN VAN LINES et al, 9 Defendant. 11 For the Northern District of California United States District Court 10 12 13 14 / 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 March 22, 2013, 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Terra S. Young 5 Santo Domingo Trail, North Corrales, NM 87048 Dated: March 22, 2013 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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