Karas v. Access Hollywood

Filing 31

ORDER by Judge Charles R. Breyer denying 25 Motion for Leave to Appeal in forma pauperis; denying 29 Motion for Leave to Appeal in forma pauperis. (crblc2, COURT STAFF) (Filed on 10/22/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER RE IN FORMA PAUPERIS
STATUS ON APPEAL

Plaintiff,

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No. C 12-02310 CRB

PAULA J. KARAS,

v.
ACCESS HOLLYWOOD,

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Defendant.

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On October 15, 2012, plaintiff-appellant Paula Karas filed with this Court an

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Application to Proceed In Forma Pauperis (IFP) in conjunction with her Notice of Appeal to

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the United States Court of Appeal for the Ninth Circuit. The Ninth Circuit will waive its

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filing fee when an appellant has obtained IFP status from the district court. See 9th Cir. R.

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3-1; Fed. R. App. P. 24(a).

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see dkt. 18, however, 28 U.S.C. § 1915(a)(3) allows the Court to revoke that status for

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purposes of appeal if the appeal is frivolous.

This Court previously granted Karas’ motion to proceed IFP,

Here, Karas’ complaint alleged constitutional claims but identified no state actors or

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private parties even arguably acting under color of state law. Karas also failed to take

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advantage of her opportunity to amend the pleadings to state a claim, and failed to

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appear at a scheduled case management conference. Accordingly, the Court finds that the

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appeal is frivolous, and revokes Karas’ IFP status for purposes of appeal under 28 U.S.C.

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§ 1915(a)(3).

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IT IS SO ORDERED.

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Dated: October 16, 2012

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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