McInerney et al v. City of San Jose et al

Filing 21

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL. Signed by Judge Claudia Wilken on 1/6/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/6/2012)

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United States District Court 1 Northern District of California 2 3 4 JOSEPH MCINERNEY, 5 Plaintiff, 6 vs. Case No.: 11-3018 CW ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL 7 CITY OF SAN JOSE, et al., 8 Defendants. 9 Northern District of California United States District Court 10 11 On October 19, 2011, this Court granted Plaintiff Jospeh 12 McInerney's application to proceed in forma pauperis and dismissed 13 his complaint under 28 U.S.C. ยง 1915(a) because, even interpreted 14 liberally, Plaintiff's allegations did not state a claim upon which 15 relief could be granted. On November 23, 2011, the Court denied 16 Plaintiff's motion to alter or amend the judgment. On December 23, 17 2011, Plaintiff filed a notice of appeal and an application to 18 proceed in forma pauperis on appeal. On January 4, 2012, the Ninth 19 Circuit referred this matter to this Court for the limited purpose 20 of determining whether in forma pauperis status should continue. 21 The Court finds that this appeal is frivolous and denies 22 Plaintiff's application to proceed in forma pauperis on appeal. 23 24 IT IS SO ORDERED. 25 26 27 28 ___________________________ Claudia Wilken United States District Judge

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