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)

*E-Filed 1/29/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SALVADOR NEGRETE,
Plaintiff,

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ORDER REVOKING IN FORMA
PAUPERIS STATUS

v.
G.D. LEWIS, et al.,
Defendants.

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United States District Court
For the Northern District of California

No. C 12-0809 RS (PR)

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This closed federal civil rights action is on appeal. The Court of Appeals has referred

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the matter to this Court for a determination whether plaintiff’s in forma pauperis (“IFP”)

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status should continue for this appeal. This Court determines that it should not. There are no

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valid grounds on which an appeal can be based. Consequently, the Court certifies that any

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appeal taken from the order of dismissal and judgment of this action will not be taken in good

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faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States,

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356 U.S. 674, 674– 75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir.

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2002). Accordingly, plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith

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notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file

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a motion for leave to proceed IFP on appeal in the Court of Appeals within thirty days after

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service of notice of this order. See FRAP 24(a)(5). Any such motion “must include a copy

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of the affidavit filed in the district court and the district court’s statement of reasons for its

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action.” Id.

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IT IS SO ORDERED.
DATED: January 28, 2013
RICHARD SEEBORG
United States District Judge

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No. C 12-0809 RS (PR)
ORDER REVOKING IFP STATUS