Wright v. United States Interagency Council on Homelessness et al

Filing 96

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 1/15/15. (cl, COURT STAFF) (Filed on 1/15/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 FRANKLIN H. WRIGHT, Case No. 14-cv-00353-RS Plaintiff, 11 United States District Court Northern District of California v. 12 13 UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS, et al., 14 ORDER REVOKING IN FORMA PAUPERIS STATUS Defendants. 15 16 This closed action is on appeal. The Court of Appeals has referred the matter to this Court 17 for a determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this 18 appeal. This Court determines that it should not. There are no valid grounds on which an appeal 19 can be based. Consequently, the Court certifies that any appeal taken from the order of dismissal 20 and judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. 21 P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674– 75 (1958); Hooker v. 22 American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, plaintiff’s IFP status is 23 hereby revoked. The Clerk shall forthwith notify plaintiff and the Court of Appeals of this order. 24 See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Court of 25 Appeals within thirty days after service of notice of this order. See FRAP 24(a)(5). Any such 26 motion “must include a copy of the affidavit filed in the district court and the district court’s 27 statement of reasons for its action.” Id. 28 1 IT IS SO ORDERED. 2 3 4 5 Dated: January 14, 2015 ______________________________________ RICHARD SEEBORG United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 << SHORT ORDER TITLE >> CASE NO. 14-cv-00353-RS 28 2

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