Gray v. City and County of San Francisco

Filing 50

ORDER REVOKING PLAINTIFFS IN FORMA PAUPERIS STATUS ON APPEAL. Signed by Judge Alsup on 4/3/2014. (whalc3, COURT STAFF) (Filed on 4/3/2014) (Additional attachment(s) added on 4/3/2014: # 1 Certificate/Proof of Service) (dt, COURT STAFF). (Additional attachment(s) added on 4/3/2014: # 2 Certificate/Proof of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JON GRAY,

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Plaintiff,

No. C 13-03513 WHA

v.
CITY AND COUNTY OF SAN
FRANCISCO,

ORDER REVOKING
PLAINTIFF’S IN FORMA
PAUPERIS STATUS
ON APPEAL

Defendant.

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/

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Plaintiff Jon Gray appeals the order granting defendant’s motion to dismiss. On March

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21, 2014, our court of appeals referred the action back to this Court to determine whether to

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revoke plaintiff’s IFP status on appeal if frivolous. Accordingly, plaintiff was given an

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opportunity to explain why his appeal was meritorious. In his responsive brief, plaintiff raises

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yet additional grounds for federal jurisdiction based on facts that do not appear in his complaint.

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The gravamen of plaintiff’s claim for federal jurisdiction, however, is that he believes that he

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will be unfairly treated in state court. Even if plaintiff is correct, federal courts are courts of

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limited jurisdiction and the law simply does not allow this Court to adjudicate plaintiffs’ action

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on that basis.

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Plaintiff’s appeal is frivolous and therefore his IFP status on appeal is HEREBY

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REVOKED.

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Cir. 2002).

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See 28 U.S.C. 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th

The Clerk shall transmit a copy of this order to the Court of Appeals.

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IT IS SO ORDERED.

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Dated: April 3, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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