El Lethermon-Bey et al v. County of Alameda et al
Filing
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ORDER DENYING IFP on appeal. Signed by Judge Charles R. Breyer on 8/21/2014. (crblc2, COURT STAFF) (Filed on 8/21/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GRADY EL LETHERMON-BEY et al.,
No. C14-03496 CRB
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ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL
Plaintiff,
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v.
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COUNTY OF ALAMEDA et al.,
United States District Court
For the Northern District of California
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Defendant.
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The Ninth Circuit has referred this case to this Court “for the limited purpose of
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determining whether in forma pauperis status should continue for this appeal or whether the
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appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v.
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American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).” The Court dismissed this case on
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August 5, 2014, holding that Plaintiffs’ allegations were “unintelligible, frivolous, fanciful,
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delusional, and wholly incredible” and therefore subject to dismissal as frivolous under 28
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U.S.C. § 1915(e)(2)(B)(i). See generally Order (dkt. 5). In the Court’s view, that holding is
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not reasonably subject to dispute. Accordingly, the Court finds that the appeal is frivolous.
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In forma pauperis should be revoked. See 28 U.S.C. § 1915(a)(3).
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IT IS SO ORDERED.
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Dated: August 21, 2014
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
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