Ray v. Leal et al

Filing 77

ORDER REVOKING IN FORMA PAUPERIS STATUS and Certificate of Service attached. Signed by Judge Yvonne Gonzalez Rogers on 10/4/16. (fs, COURT STAFF) (Filed on 10/4/2016)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 EDWARD V. RAY, Case No. 11-cv-05550-YGR (PR) Plaintiff, 10 ORDER REVOKING IN FORMA PAUPERIS STATUS v. United States District Court Northern District of California 11 12 A. LEAL, et al., Defendants. 13 14 This closed federal civil rights action was filed by a pro se state prisoner. Summary 15 judgment was granted in favor of Defendants, and judgment entered on March 31, 2015. Dkts. 57, 16 58. On January 28, 2016, the Ninth Circuit Court of Appeals affirmed this Court’s ruling. Dkt. 17 66. On April 26, 2016, the Ninth Circuit denied Petitioner’s petition for panel rehearing. Dkt. 69. 18 The mandate issued on May 6, 2016. Dkt. 70. 19 On July 29, 2016, this Court denied Plaintiff’s motion to vacate the judgment. Dkt. 72. 20 On August 22, 2016, Plaintiff filed another Notice of Appeal. Dkt. 73. 21 The Ninth Circuit has referred the matter to this Court for a determination whether 22 Plaintiff’s in forma pauperis (“IFP”) status should continue for this appeal. This Court determines 23 that it should not. There are no valid grounds on which an appeal can be based. Consequently, 24 the Court certifies that any appeal taken from its March 31, 2015 Order Granting Defendants’ 25 Motion for Summary Judgment and from the accompanying judgment of this action will not be 26 taken in good faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. 27 United States, 356 U.S. 674, 674-75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 28 (9th Cir. 2002). Accordingly, Plaintiff’s IFP status is hereby REVOKED. 1 The Clerk of the Court shall forthwith notify Plaintiff and the Ninth Circuit of this Order. 2 See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth 3 Circuit within thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any 4 such motion “must include a copy of the affidavit filed in the district court and the district court’s 5 statement of reasons for its action.” Id. 6 7 8 IT IS SO ORDERED. Dated: October 4, 2016 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge 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 1 2 3 4 UNITED STATES D D DISTRICT C COURT 5 NORTHER DISTRIC OF CALI RN CT IFORNIA 6 7 ED DWARD V. RAY, . Case No.11 1-cv-05550-YGR Plaintiff, 8 v. CERTIFIC CATE OF S SERVICE 9 10 A. LEAL, et al., A a s. Defendants United States District Court Northern District of California 11 12 13 14 15 16 I, the un ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S. ee ice Dis strict Court, Northern Di istrict of Cal lifornia. That on 10/4/2016, I SERVED a true and c n correct copy( (ies) of the a attached, by p placing said cop py(ies) in a postage paid envelope ad p d ddressed to t person(s) hereinafter listed, by d the ) r depositing said envelope in the U.S. Mail, or by placing said c i M copy(ies) int an inter-office deliver receptacle to ry e cated in the Clerk's office C e. loc 17 18 19 20 21 22 d : Edward V. Ray ID: F-73521 P.O. Bo 441 ox Corona CA 92878 a, US Cou of Appea urt als 95 Seve enth Street San Fra ancisco, CA 94103 ated: 10/4/20 016 Da 23 24 Su usan Y. Soon ng Cl lerk, United States Distr Court d rict 25 26 27 28 By y:_________ ___________ _______ Fr rances Stone Deputy Cl e, lerk to the H Honorable YV VONNE GO ONZALEZ R ROGERS

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