Alexander v. Salinas Valley State Prison

Filing 71

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 12/9/13. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 12/9/2013)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO DIVISION 4 5 TERRY ALEXANDER, Plaintiff, 6 7 ORDER REVOKING IN FORMA PAUPERIS STATUS v. 8 R. REYNOSO, Defendant. 9 United States District Court For the Northern District of California No. C 12-1175 RS (PR) / 10 11 This closed federal civil rights action is on appeal. The Court of Appeals has referred 12 the matter to this Court for a determination whether plaintiff’s in forma pauperis (“IFP”) 13 status should continue for this appeal. This Court determines that it should not. There are no 14 valid grounds on which an appeal can be based. Consequently, the Court certifies that any 15 appeal taken from the order of dismissal and judgment of this action will not be taken in good 16 faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 17 356 U.S. 674, 674– 75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 18 2002). Accordingly, plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith 19 notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file 20 a motion for leave to proceed IFP on appeal in the Court of Appeals within thirty days after 21 service of notice of this order. See FRAP 24(a)(5). Any such motion “must include a copy 22 of the affidavit filed in the district court and the district court’s statement of reasons for its 23 action.” Id. 24 25 26 IT IS SO ORDERED. DATED: December 9, 2013 RICHARD SEEBORG United States District Judge 27 28 No. C 12-1175 RS (PR) ORDER REVOKING IFP STATUS

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