Hurt v. Williams, Jr.

Filing 5


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 United States District Court For the Northern District of California 10 13 14 15 ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL Plaintiff, 11 12 No. C 13-80053 MISC SI TYRONE HURT, v. Order also to be filed in C 12-4187 EMC JUDGE ALEXANDER WILLIAMS, JR., UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, Defendant. / 16 In an order filed March 20, 2013, the Court conducted a pre-filing review of plaintiff’s proposed 17 complaint, concluded that the complaint was frivolous, and directed the Clerk of the Court not to accept 18 the new complaint for filing. Plaintiff has appealed that order and has filed a motion to proceed in forma 19 pauperis on appeal. Pursuant to Federal Rule of Appellate Procedure 24(a)(2), the Court DENIES that 20 motion and certifies that the appeal is not taken in good faith. As set forth in the March 20, 2013 order, 21 the proposed complaint suffers from the same types of factual and legal deficiencies as the previous 22 frivolous lawsuits that led to the declaration of plaintiff as a vexatious litigant. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: April 15, 2013 SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

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