Wright v. McGovern et al

Filing 28

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Richard Seeborg on 4/1/15. (cl, COURT STAFF) (Filed on 4/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANKLIN H. WRIGHT,

Case No. 14-cv-05525-RS

Plaintiff,
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United States District Court
Northern District of California

v.

ORDER REVOKING IN FORMA
PAUPERIS STATUS

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POPS MCGOVERN, et al.,
Defendants.

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This closed action is on appeal. The Court of Appeals has referred the matter to this Court

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for a determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this

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appeal. This Court determines that it should not. There are no valid grounds on which an appeal

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can be based. Consequently, the Court certifies that any appeal taken from the order of dismissal

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and judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App.

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P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674– 75 (1958); Hooker v.

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American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, plaintiff’s IFP status is

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hereby REVOKED. The Clerk shall forthwith notify plaintiff and the Court of Appeals of this

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order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the

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Court of Appeals within thirty days after service of notice of this order. See FRAP 24(a)(5). Any

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such motion “must include a copy of the affidavit filed in the district court and the district court’s

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statement of reasons for its action.” Id.

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IT IS SO ORDERED.

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Dated: April 1, 2015
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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ORDER REVOKING IN FORMA PAUPERIS STATUS
CASE NO. 14-cv-05525-RS

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