Battaglia v. Federal Bureau of Investigation et al

Filing 18

*** ERRONEOUS ENTRY *** ORDER DENYING IFP on appeal. Signed by Judge Charles R. Breyer on 8/21/2014. (crblc2, COURT STAFF) (Filed on 8/21/2014) Modified on 8/21/2014 (mclS, COURT STAFF).

1
2
3

IN THE UNITED STATES DISTRICT COURT

4
FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
6
GRADY EL LETHERMON-BEY et al.,

No. C14-03496 CRB

7

ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL

Plaintiff,
8
v.
9
COUNTY OF ALAMEDA et al.,
United States District Court
For the Northern District of California

10
Defendant.
11

/

12

The Ninth Circuit has referred this case to this Court “for the limited purpose of
13

determining whether in forma pauperis status should continue for this appeal or whether the
14

appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v.
15

American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).” The Court dismissed this case on
16

August 5, 2014, holding that Plaintiffs’ allegations were “unintelligible, frivolous, fanciful,
17

delusional, and wholly incredible” and therefore subject to dismissal as frivolous under 28
18

U.S.C. § 1915(e)(2)(B)(i). See generally Order (dkt. 5). In the Court’s view, that holding is
19

not reasonably subject to dispute. Accordingly, the Court finds that the appeal is frivolous.
20

In forma pauperis should be revoked. See 28 U.S.C. § 1915(a)(3).
21
22
IT IS SO ORDERED.
23
24
Dated: August 21, 2014
25
26
27
28

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE