Battaglia v. Federal Bureau of Investigation et al

Filing 14

ORDER DENYING IFP STATUS ON APPEAL. Signed by Judge Charles R. Breyer on 05/08/2013. (crblc2, COURT STAFF) (Filed on 5/9/2013)

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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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v.
FEDERAL BUREAU OF INVESTIGATION
ET AL.,
Defendants.

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ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL

Plaintiff,

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No. CV 13-01626 CRB

GARY JOHN BATTAGLIA,

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The Ninth Circuit has referred this case to this Court “for the limited purpose of
determining whether in forma pauperis status should continue for this appeal or whether the
appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v.
American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).” The Court dismissed this case on
April 18, 2013, holding that Plaintiff’s allegations were “‘fanciful,’ ‘fantastic,’ ‘delusional,’
and ‘wholly incredible,’ and therefore subject to dismissal as frivolous under 28 U.S.C.
§ 1915(e)(2)(B)(i). See generally Order (dkt. 5). In the Court’s view, that holding is not
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reasonably subject to dispute. Accordingly, the Court finds that the appeal is frivolous. In

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forma pauperis should be revoked. See 28 U.S.C. § 1915(a)(3).

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IT IS SO ORDERED.

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Dated: May 8, 2013

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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G:\CRBALL\2013\1626\order re ifp appeal.wpd

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