Schoppe-Rico v. Rupert et al

Filing 83

ORDER REVOKING IN FORMA PAUPERIS STATUS by Judge Yvonne Gonzalez Rogers denying 81 Motion For Return of Filing. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 11/13/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-4283 YGR (PR)

4 JOHN M. SCHOPPE-RICO,
Plaintiff,
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ORDER REVOKING IN FORMA
PAUPERIS STATUS

v.

ORDER DENYING REQUEST FOR
RETURN OF FILINGS

J.L. RUPERT, et al.,
Defendants.
/

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United States District Court
For the Northern District of California

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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. The Clerk shall forthwith notify plaintiff and the

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Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to

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proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of

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this order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed

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in the district court and the district court’s statement of reasons for its action.” Id. Plaintiff’s

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motion for the return of his filings (Docket No. 81) is DENIED. A copy request form will be

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sent to plaintiff. The Clerk shall terminate Docket No. 81.

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IT IS SO ORDERED.
DATED: November 13, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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No. C 11-4283 YGR (PR)
ORDER REVOKING IFP STATUS