Hurt v. Williams, Jr.

Filing 5

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (Illston, Susan) (Filed on 4/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS ON
APPEAL

Plaintiff,

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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.

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In an order filed March 20, 2013, the Court conducted a pre-filing review of plaintiff’s proposed
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complaint, concluded that the complaint was frivolous, and directed the Clerk of the Court not to accept
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the new complaint for filing. Plaintiff has appealed that order and has filed a motion to proceed in forma
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pauperis on appeal. Pursuant to Federal Rule of Appellate Procedure 24(a)(2), the Court DENIES that
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motion and certifies that the appeal is not taken in good faith. As set forth in the March 20, 2013 order,
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the proposed complaint suffers from the same types of factual and legal deficiencies as the previous
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frivolous lawsuits that led to the declaration of plaintiff as a vexatious litigant.
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IT IS SO ORDERED.
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Dated: April 15, 2013
SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE