Parks v. Peterson et al

Filing 37

ORDER Revoking In Forma Pauperis Status. Signed by Judge Edward M. Chen on 8/19/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/19/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN DEAN PARKS,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-12-1352 EMC (pr)

T. PETERSON, R.N., and REYES, M.D,

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ORDER REVOKING IN FORMA
PAUPERIS STATUS

Defendants.
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This closed federal civil rights action, which this Court dismissed without prejudice for

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failure to exhaust administrative remedies, is on appeal. The Court of Appeals has referred the

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matter to this Court for a determination whether Plaintiff’s in forma pauperis (“IFP”) status should

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continue for this appeal. This Court determines that it should not. There are no valid grounds on

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which an appeal can be based. Consequently, the Court certifies that any appeal taken from the

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order of dismissal and judgment of this action is not taken in good faith and is therefore frivolous.

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Fed. R. App. P. (“FRAP”) 24(a)(3)(A) (party granted leave to proceed IFP in district court may

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continue in that status on appeal unless the district court certifies that appeal is not taken in good

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faith); Ellis v. United States, 356 U.S. 674, 674–75 (1958); Hooker v. American Airlines, 302 F.3d

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1091, 1092 (9th Cir. 2002).

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Accordingly, Plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify

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

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leave to proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of

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this order. See FRAP 24(a)(5).

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IT IS SO ORDERED.

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Dated: August 19, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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