Lopez v. Cate et al

Filing 38

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Yvonne Gonzalez Rogers on 1/7/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/7/2013)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

No. C 11-2644 YGR (PR)

6 JOSE LOPEZ,
7
8

v.

9

MATTHEW CATE, et al.,

10
United States District Court
For the Northern District of California

ORDER REVOKING IN FORMA
PAUPERIS STATUS

Plaintiff,

Defendants.
/

11
12

This closed federal civil rights action, which is currently on appeal, was filed by a pro

13

se state prisoner. The Court of Appeals has referred the matter to this Court for a

14

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

15

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

16

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

17

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

18

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

19

75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly,

20

plaintiff’s IFP status is hereby REVOKED. Plaintiff may file a motion for leave to proceed

21

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

22

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

23

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

24

forthwith notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4).

25
26
27

IT IS SO ORDERED.
DATED: January 7, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

28
No. C 11-2644 YGR (PR)
ORDER REVOKING IFP STATUS