Johnson v. CTF Soledad State Prison et al

Filing 19

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Magistrate Judge Maria-Elena James on 10/24/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 10/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CEDRIC CHESTER JOHNSON,
Plaintiff,

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Case No. 16-cv-05548-MEJ (PR)
ORDER REVOKING IN FORMA
PAUPERIS STATUS

v.
CTF SOLEDAD STATE PRISON, et al.,
Defendants.

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This closed federal civil rights action is on appeal. The Court of Appeals has referred the

United States District Court
Northern District of California

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

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continue for this appeal. This Court determines that it should not. There are no valid grounds on

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which an appeal can be based. Consequently, the Court certifies that any appeal taken from the

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order of dismissal and judgment of this action will not be taken in good faith and is therefore

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frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674-75

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(1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly,

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plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify plaintiff and the

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Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to

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proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of this

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order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed in the

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district court and the district court’s statement of reasons for its action.” Id.

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IT IS SO ORDERED.
Dated: October 24, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge