Harris v. Lake County et al

Filing 16

ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL. Signed by Judge Alsup on 3/8/2016. (whalc2, COURT STAFF) (Filed on 3/8/2016)

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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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JAMES LA VELL HARRIS,
Plaintiff,

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No. C 15-05580 WHA

v.
LAKE COUNTY, ET AL.,

ORDER REVOKING IN FORMA
PAUPERIS STATUS ON APPEAL

Defendant.

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A previous order dismissed plaintiff James Harris’ pro se complaint as plainly frivolous

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and allowed him to seek leave to amend (Dkt. No. 10). The complaint alleged that plaintiff is a

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lifetime user of marijuana and that defendants Lake County Sheriff’s Department and several of

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its officers discriminated against him by failing to provide him with marijuana while he was in

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jail. The order dismissing the complaint also noted that plaintiff is no stranger to the federal

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courts and has filed several civil actions in this district alleging that the Lake County Sheriff’s

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Department denied him “access to and the use of both spiritual and medical marijuana” (Compl.

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at ¶28).

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Now, our court of appeals has referred plaintiff’s appeal to the district court to determine

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whether plaintiff’s in forma pauperis status should continue on appeal. In Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002), our court of appeals held that revocation of IFP

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status is appropriate where the district court finds the appeal to be frivolous. Based on

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plaintiff’s allegations, his declination to seek leave to amend his complaint, and his pattern of

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filing frivolous lawsuits, this order finds plaintiff’s appeal to be frivolous and hereby REVOKES

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PLAINTIFF’S IFP STATUS.

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Court of Appeals for the Ninth Circuit.

The CLERK SHALL PLEASE SERVE THIS ORDER on the United States

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IT IS SO ORDERED.

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Dated: March 8, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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