Smith v. Office of the Attorney General for the State of California et al

Filing 80

ORDER REVOKING APPLICATION TO PROCEED IN FORMA PAUPERIS AND INSTRUCTIONS TO THE CLERK. Signed by Judge Jeffrey S. White on 5/8/13. (jjoS, COURT STAFF) (Filed on 5/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES D. SMITH,

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For the Northern District of California

United States District Court

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No. C 12-02463 JSW

Plaintiff,
v.

ORDER REVOKING
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND
INSTRUCTIONS TO CLERK

ATTORNEY GENERAL OF CALIFORNIA
KAMALA D. HARRIS, et al.,

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Defendants.
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On May 6, 2013, the United States Court of Appeals for the Ninth Circuit issued a

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Referral Notice to this Court to determine whether Plaintiff’s in forma pauperis status should

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continue on his appeal. The Court concludes that the appeal is frivolous, and it REVOKES

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Plaintiff’s in forma pauperis status. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Clerk shall provide a copy of this Order to

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the Court of Appeals.

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IT IS SO ORDERED.
Dated: May 8, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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7 JAMES D SMITH,
Plaintiff,

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For the Northern District of California

United States District Court

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Case Number: CV12-02463 JSW
CERTIFICATE OF SERVICE

v.

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GENERAL et al,
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Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
14 District Court, Northern District of California.
15 That on May 8, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
16 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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19 James D. Smith
705 N. State Street #547
20 Ukiah, CA 95482
21 Dated: May 8, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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