Sobayo v. Public Storage et al

Filing 32

ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL 28 (Illston, Susan) (Filed on 8/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-01804 SI

NATHANIEL SOBAYO,

ORDER DENYING MOTION FOR
LEAVE TO PROCEED IN FORMA
PAUPERIS ON APPEAL

Plaintiff,
v.
PUBLIC STORAGE,
Defendant.

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Plaintiff’s complaint was dismissed without leave to amend and judgment entered in favor of

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defendant on July 26, 2013. Plaintiff has filed a motion for leave to proceed in forma pauperis (“IFP”)

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on appeal (Docket No. 28). That motion is DENIED.

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The record shows no valid grounds on which an appeal can be based. Consequently, the Court

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certifies that any appeal taken from the order of dismissal and judgment of this action will not be taken

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in good faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States,

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356 U.S. 674, 674–75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The

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Clerk shall forthwith notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4).

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Plaintiff may file a motion for leave to proceed IFP on appeal in the Court of Appeals within thirty days

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after service of notice of this order. See FRAP 24(a)(5). Any such motion “must include a copy of the

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affidavit filed in the district court and the district court’s statement of reasons for its action.” Id.

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The Clerk shall terminate Docket No.28.

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IT IS SO ORDERED.

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Dated: August 15, 2013

SUSAN ILLSTON
United States District Judge