Finley v. Discover Card

Filing 15

CERTIFICATION THAT APPEAL IS FRIVOLOUS. Signed by Judge Joseph C. Spero on July 8, 2013. (jcslc1, COURT STAFF) (Filed on 7/8/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 LATONYA R. FINLEY, Plaintiff, 8 D.C. Case No. 13-cv-01898-JCS Court of Appeals Case No. 13-16244 v. 9 10 DISCOVER FINANCIAL SERVICES LLC, CERTIFICATION THAT APPEAL IS FRIVOLOUS Defendant. United States District Court Northern District of California 11 12 13 The Court is in receipt of a referral from the Ninth Circuit Court of Appeals relating to 14 Plaintiff’s in forma pauperis status on appeal. Plaintiff in this action alleged only conclusory legal 15 opinions. Although the Court gave Plaintiff an opportunity to amend and instructed her as to the 16 deficiencies in her original complaint, see Docket No. 7, Plaintiff’s amended complaint again did 17 not allege any specific facts. Having failed to allege sufficient facts to satisfy Rule 8 of the 18 Federal Rules of Civil Procedure in this Court, the Court certifies that Plaintiff’s appeal is 19 frivolous. Accordingly, Plaintiff’s in forma pauperis status on appeal should be revoked pursuant 20 to 28 U.S.C. § 1915(a)(3). 21 22 Dated: July 8, 2013 23 24 25 26 27 28 ______________________________________ JOSEPH C. SPERO United States Magistrate Judge

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