Negrete v. Lewis et al

Filing 12

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 1/28/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 1/29/2013)

Download PDF
*E-Filed 1/29/13* 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 SAN FRANCISCO DIVISION 5 6 SALVADOR NEGRETE, Plaintiff, 7 8 9 ORDER REVOKING IN FORMA PAUPERIS STATUS v. G.D. LEWIS, et al., Defendants. 10 United States District Court For the Northern District of California No. C 12-0809 RS (PR) / 11 12 This closed federal civil rights action is on appeal. The Court of Appeals has referred 13 the matter to this Court for a determination whether plaintiff’s in forma pauperis (“IFP”) 14 status should continue for this appeal. This Court determines that it should not. There are no 15 valid grounds on which an appeal can be based. Consequently, the Court certifies that any 16 appeal taken from the order of dismissal and judgment of this action will not be taken in good 17 faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 18 356 U.S. 674, 674– 75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 19 2002). Accordingly, plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith 20 notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file 21 a motion for leave to proceed IFP on appeal in the Court of Appeals within thirty days after 22 service of notice of this order. See FRAP 24(a)(5). Any such motion “must include a copy 23 of the affidavit filed in the district court and the district court’s statement of reasons for its 24 action.” Id. 25 26 27 IT IS SO ORDERED. DATED: January 28, 2013 RICHARD SEEBORG United States District Judge 28 No. C 12-0809 RS (PR) ORDER REVOKING IFP STATUS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?