Calloway v. Baker et al

Filing 16

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Joseph C. Spero on 7/22/14. (klhS, COURT STAFF) (Filed on 7/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,
Plaintiff,

Case No. 13-cv-03266-JCS (PR)

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v.
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FREDERIC S. BAKER, et al.,

ORDER REVOKING IN FORMA
PAUPERIS STATUS

Defendants.
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United States District Court
Northern District of California

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

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referred the matter to this Court for a determination whether plaintiff’s in forma pauperis

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(“IFP”) status should continue for this appeal. This Court determines that it should not.

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There are 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

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not be taken in good faith and is therefore frivolous. Fed. R. App. P. (“FRAP”)

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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, plaintiff’s IFP status is hereby

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REVOKED. The Clerk shall forthwith notify plaintiff and the Court of Appeals of this

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order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal

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

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24(a)(5). Any such motion “must include a copy of the affidavit filed in the district court

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

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IT IS SO ORDERED.
Dated: July 22, 2014
_________________________
JOSEPH C. SPERO
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

Case No. 13-cv-03266-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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FREDERIC S. BAKER, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 7/22/2014, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Jamisi Jermaine Calloway
California State Prison-Corcoran
P.O. Box 3456
Corcoran, CA 93212-3456

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Dated: 7/22/2014

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Richard W. Wieking
Clerk, United States District Court
By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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