Franklin v. Flores et al

Filing 19

ORDER REVOKING IN FORMA PAUPERIS. Signed by Judge Jeffrey S. White on 7/11/12. (jjoS, COURT STAFF) (Filed on 7/11/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HAROLD V. FRANKLIN,

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Plaintiff,
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v.
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K. FLORES, et al.,
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Defendants.
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__________________________________ )

No. C 12-0703 JSW (PR)

ORDER REVOKING IN
FORMA PAUPERIS STATUS

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Plaintiff, a California prisoner, has filed this pro se civil rights complaint under 42

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U.S.C. § 1983. The complaint was dismissed with leave to amend. The amended

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complaint continued the same deficiency as the original complaint. Accordingly, the

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case was dismissed without prejudice. Plaintiff has appealed. The Court of Appeals has

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referred the case to this Court for a determination of whether inform pauperis status

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should continue for this appeal or whether the appeal is frivolous or taken in bad faith.

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See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092

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(9th Cir. 2002). The Court finds that the appeal is frivolous and consequently determines

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that in forma pauperis status should be revoked for purposes of the appeal. The Clerk

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

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IT IS SO ORDERED.
DATED: July 11, 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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HAROLD V FRANKLIN,

Case Number: CV12-00703 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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K FLORES et al,

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Defendant.

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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 11, 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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Harold V. Franklin AA6298
California State Prison - Corcoran
4001 King Avenue
P.O. Box 8800
Corcoran, CA 93212-8800

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Dated: July 11, 2012

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