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)

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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

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