Gardner v. Johanigen

Filing 88

ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS re 87 Notice of Appeal, filed by Dennis Gardner. Any appeal taken from the order of dismissal and judgment of this action will not be taken in good faith and is therefore frivolous. Signed by Judge William H. Orrick on 09/22/2015. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 9/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS GARDNER,
Plaintiff,

Case No. 13-cv-03193-WHO (PR)

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v.
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J. JOHANTGEN,

ORDER REVOKING PLAINTIFF’S
IN FORMA PAUPERIS STATUS

Defendant.
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United States District Court
Northern District of California

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This federal civil rights action is on appeal. The Court of Appeals has referred the

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matter to this Court for a determination whether plaintiff Dennis Gardner’s in forma

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pauperis (“IFP”) status should continue for this appeal. This Court determines that it

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should not. There are no valid grounds on which an appeal can be based. Consequently,

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the Court certifies that any appeal taken from the order of dismissal and judgment of this

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action will not be taken in good faith and is therefore frivolous. Fed. R. App. P.

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24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674-75 (1958); Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, Gardner’s IFP status is hereby

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REVOKED.

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The Clerk shall forthwith notify Gardner and the Court of Appeals of this order.

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See Fed. R. App. P. 24(a)(4). Gardner may file a motion for leave to proceed IFP on

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appeal in the Court of Appeals within thirty days after service of notice of this order. See

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Fed. R. App. P. 24(a)(5). Any such motion “must include a copy of the affidavit filed in

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

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IT IS SO ORDERED.
Dated: September 2 , 2015
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WILLIAM H. ORRICK
United States District Judge