Ray v. Basa et al
Filing
86
ORDER REVOKING IN FORMA PAUPERIS STATUS. Plaintiff's IFP status is hereby REVOKED. Signed by Judge Yvonne Gonzalez Rogers on 2/8/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/8/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
EDWARD V. RAY,
Case No. 11-cv-02923-YGR (PR)
Plaintiff,
8
ORDER REVOKING IN FORMA
PAUPERIS STATUS
v.
9
10
CAESAR BASA, et al.,
Defendants.
United States District Court
Northern District of California
11
12
This closed federal civil rights action was filed by a pro se state prisoner. Summary
13
judgment was granted in favor of Defendants, and judgment entered on March 27, 2015. Dkts. 72,
14
73. On March 24, 2016, the Ninth Circuit Court of Appeals affirmed this Court’s ruling. Dkt. 77.
15
The mandate issued on September 16, 2016. Dkt. 79.
16
17
On November 23, 2016, this Court denied Plaintiff’s motions for relief from judgment.
Dkt. 82.
18
On December 16, 2016, Plaintiff filed another Notice of Appeal. Dkt. 83.
19
The Ninth Circuit has referred the matter to this Court for a determination whether
20
Plaintiff’s in forma pauperis (“IFP”) status should continue for this appeal. This Court determines
21
that it should not. There are no valid grounds on which an appeal can be based. Consequently,
22
the Court certifies that any appeal taken from its March 27, 2015 Order Granting Defendants’
23
Motion for Summary Judgment and from the accompanying judgment of this action will not be
24
taken in good faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v.
25
United States, 356 U.S. 674, 674-75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092
26
(9th Cir. 2002). Accordingly, Plaintiff’s IFP status is hereby REVOKED.
27
28
The Clerk of the Court shall forthwith notify Plaintiff and the Ninth Circuit of this Order.
See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth
1
Circuit within thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any
2
such motion “must include a copy of the affidavit filed in the district court and the district court’s
3
statement of reasons for its action.” Id.
4
5
6
IT IS SO ORDERED.
Dated: February 8, 2017
______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?