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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EDWARD V. RAY,
Case No. 11-cv-05550-YGR (PR)
Plaintiff,
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ORDER REVOKING IN FORMA
PAUPERIS STATUS
v.
United States District Court
Northern District of California
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A. LEAL, et al.,
Defendants.
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This closed federal civil rights action was filed by a pro se state prisoner. Summary
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judgment was granted in favor of Defendants, and judgment entered on March 31, 2015. Dkts. 57,
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58. On January 28, 2016, the Ninth Circuit Court of Appeals affirmed this Court’s ruling. Dkt.
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66. On April 26, 2016, the Ninth Circuit denied Petitioner’s petition for panel rehearing. Dkt. 69.
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The mandate issued on May 6, 2016. Dkt. 70.
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On July 29, 2016, this Court denied Plaintiff’s motion to vacate the judgment. Dkt. 72.
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On August 22, 2016, Plaintiff filed another Notice of Appeal. Dkt. 73.
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The Ninth Circuit has referred the matter to this Court for a determination whether
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Plaintiff’s in forma pauperis (“IFP”) status should continue for this appeal. This Court determines
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that it should not. There are no valid grounds on which an appeal can be based. Consequently,
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the Court certifies that any appeal taken from its March 31, 2015 Order Granting Defendants’
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Motion for Summary Judgment and from the accompanying judgment of this action will not be
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taken in good faith and is therefore frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v.
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United States, 356 U.S. 674, 674-75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092
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(9th Cir. 2002). Accordingly, Plaintiff’s IFP status is hereby REVOKED.
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The Clerk of the Court shall forthwith notify Plaintiff and the Ninth Circuit of this Order.
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See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth
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Circuit within thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any
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such motion “must include a copy of the affidavit filed in the district court and the district court’s
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statement of reasons for its action.” Id.
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IT IS SO ORDERED.
Dated: October 4, 2016
______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge
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United States District Court
Northern District of California
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UNITED STATES D
D
DISTRICT C
COURT
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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA
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ED
DWARD V. RAY,
.
Case No.11
1-cv-05550-YGR
Plaintiff,
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v.
CERTIFIC
CATE OF S
SERVICE
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A. LEAL, et al.,
A
a
s.
Defendants
United States District Court
Northern District of California
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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
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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
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Su
usan Y. Soon
ng
Cl
lerk, United States Distr Court
d
rict
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By
y:_________
___________
_______
Fr
rances Stone Deputy Cl
e,
lerk to the
H
Honorable YV
VONNE GO
ONZALEZ R
ROGERS
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