Ray v. Von Geldern et al

Filing 14

ORDER REVOKING IN FORMA PAUPERIS STATUS and Denying 11 Motion for Reconsideration by Judge Yvonne Gonzalez Rogers (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 11/14/2012)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 No. C 12-0315 YGR (PR) 4 EDWARD V. RAY III, Plaintiff, 5 6 7 ORDER REVOKING IN FORMA PAUPERIS STATUS; v. ORDER DENYING MOTION FOR RECONSIDERATION ERIC VON GELDERN, et al., Defendants. 8 / 9 United States District Court For the Northern District of California 10 This closed federal civil rights action, which is currently on appeal, was filed by a pro 11 se state prisoner. The Court of Appeals has referred the matter to this Court for a 12 determination whether plaintiff’s in forma pauperis (“IFP”) status should continue for this 13 appeal. This Court determines that it should not. There are no valid grounds on which an 14 appeal can be based. Consequently, the Court certifies that any appeal taken from the order 15 of dismissal and judgment of this action will not be taken in good faith and is therefore 16 frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674– 17 75 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, 18 plaintiff’s IFP status is hereby REVOKED. The Clerk shall forthwith notify plaintiff and the 19 Court of Appeals of this order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to 20 proceed IFP on appeal in the Court of Appeals within thirty days after service of notice of 21 this order. See FRAP 24(a)(5). Any such motion “must include a copy of the affidavit filed 22 in the district court and the district court’s statement of reasons for its action.” Id. Plaintiff’s 23 motion for reconsideration (Docket No. 11) is DENIED because plaintiff filed his appeal 24 before moving for reconsideration. The Clerk shall terminate Docket No. 11. 25 26 27 IT IS SO ORDERED. DATED: November 14, 2012 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 28 No. C 12-0315 YGR (PR) ORDER REVOKING IFP STATUS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?