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)

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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

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