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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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 For the Northern District of California United States District Court FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 13 JON GRAY, 14 15 16 17 Plaintiff, No. C 13-03513 WHA v. CITY AND COUNTY OF SAN FRANCISCO, ORDER REVOKING PLAINTIFF’S IN FORMA PAUPERIS STATUS ON APPEAL Defendant. 18 / 19 20 Plaintiff Jon Gray appeals the order granting defendant’s motion to dismiss. On March 21 21, 2014, our court of appeals referred the action back to this Court to determine whether to 22 revoke plaintiff’s IFP status on appeal if frivolous. Accordingly, plaintiff was given an 23 opportunity to explain why his appeal was meritorious. In his responsive brief, plaintiff raises 24 yet additional grounds for federal jurisdiction based on facts that do not appear in his complaint. 25 The gravamen of plaintiff’s claim for federal jurisdiction, however, is that he believes that he 26 will be unfairly treated in state court. Even if plaintiff is correct, federal courts are courts of 27 limited jurisdiction and the law simply does not allow this Court to adjudicate plaintiffs’ action 28 on that basis. 1 Plaintiff’s appeal is frivolous and therefore his IFP status on appeal is HEREBY 2 REVOKED. 3 Cir. 2002). 4 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. 5 6 IT IS SO ORDERED. 7 8 Dated: April 3, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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