Drevaleva v. U.S. Department of Veterans Affairs et al

Filing 63

ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL (re 58 ). Signed by Judge Alsup on 11/26/2018. (whalc2, COURT STAFF) (Filed on 11/26/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TATYANA EVGENIEVNA DREVALEVA,

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For the Northern District of California

United States District Court

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No. C 18-03748 WHA

Plaintiff,
v.

ORDER REVOKING IN
FORMA PAUPERIS STATUS
ON APPEAL

U.S. DEPARTMENT OF VETERANS
AFFAIRS, et al.,
Defendants.
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An order dated November 19 denied pro se plaintiff’s request for appointment of

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counsel under Bradshawe v. Zoological Soc’y of San Diego, 662 F.2d 1301, 1318 (9th Cir.

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1981), for failure to produce evidence of her efforts to secure counsel (Dkt. No. 57). Plaintiff

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subsequently appealed that denial (Dkt. No. 58).

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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 in

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forma pauperis status is appropriate where the district court finds the appeal to be frivolous.

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Here, instead of moving for leave for reconsideration or making any kind of attempt to

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produce evidence before the Court of her efforts to secure counsel, plaintiff immediately

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appealed the denial of appointment of counsel. Without such evidence of plaintiff’s efforts to

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secure counsel, plaintiff is not entitled to appointment of counsel. And, although plaintiff is
proceeding pro se, she is readily capable of supplementing to the Court any noted deficiencies

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in her requests (see Dkt. No. 53). Accordingly, this order finds plaintiff’s present appeal to be

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frivolous and hereby REVOKES plaintiff’s in forma pauperis status. This revocation is without

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prejudice to any subsequent appeals made by plaintiff. The Clerk shall please notify the United

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States Court of Appeals for the Ninth Circuit of this order.

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IT IS SO ORDERED.

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Dated: November 26, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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