Hurt v. Williams, Jr.

Filing 8

ORDER DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL denying 7 Motion for Leave to Appeal in forma pauperis. (Illston, Susan) (Filed on 4/21/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,
Plaintiff,

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v.
JUDGE ALEXANDER WILLIAMS, JR.,

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United States District Court
Northern District of California

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Defendant.

Case No. 13-mc-80053-SI
Order also to be filed in C 12-4187 EMC
ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS ON APPEAL
Re: Dkt. No. 7

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On April 13, 2021, plaintiff Tyrone Hurt filed a motion for leave to proceed in forma

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pauperis on appeal. Plaintiff states that he wishes to appeal a March 20, 2013 order issued by this

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Court; in the March 20, 2013 order, 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

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accept the new complaint for filing. See Dkt. No. 2. Plaintiff has already appealed that order – on

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April 11, 2013 (Dkt. No. 3) – and this Court denied an earlier motion to proceed in forma pauperis

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in that appeal, certifying that the appeal was not taken in good faith for the reasons set forth in the

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March 20, 2013 order. See Dkt. No. 5.

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Pursuant to Federal Rule of Appellate Procedure 24(a)(2), the Court DENIES plaintiff’s

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motion to proceed in forma pauperis on appeal and certifies that the appeal is not taken in good

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faith. The appeal is frivolous for the additional reason that it is untimely and duplicative of the

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earlier appeal.

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The Clerk shall not accept any further filings in this closed miscellaneous case.

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IT IS SO ORDERED.

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Dated: April 21, 2021

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SUSAN ILLSTON
United States District Judge