Lopez v. Cate et al
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-2644 YGR (PR)
6 JOSE LOPEZ,
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v.
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MATTHEW CATE, et al.,
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United States District Court
For the Northern District of California
ORDER REVOKING IN FORMA
PAUPERIS STATUS
Plaintiff,
Defendants.
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This closed federal civil rights action, which is currently on appeal, was filed by a pro
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se state prisoner. The Court of Appeals has referred the matter to this Court for a
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determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this
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appeal. This Court determines that it should not. There are no valid grounds on which an
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appeal can be based. Consequently, the Court certifies that any appeal taken from the order
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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–
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75 (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. Plaintiff may file a motion for leave to proceed
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IFP on appeal in the Court of Appeals within thirty days after service of notice of this order.
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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. The Clerk shall
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forthwith notify plaintiff and the Court of Appeals of this order. See FRAP 24(a)(4).
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IT IS SO ORDERED.
DATED: January 7, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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No. C 11-2644 YGR (PR)
ORDER REVOKING IFP STATUS
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