Youngblood v. Feather Falls Casino et al
Filing
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ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS. Signed by Judge Phyllis J. Hamilton on 4/16/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 4/16/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JESSE L. YOUNGBLOOD,
Plaintiff,
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For the Northern District of California
United States District Court
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No. C 13-1282 PJH (PR)
vs.
ORDER REVOKING
PLAINTIFF’S IN FORMA
PAUPERIS STATUS
FEATHER FALLS CASINO, et. al.,
Defendants.
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This civil rights case filed pro se by a state prisoner was dismissed and closed on
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March 29, 2013. Plaintiff has filed an appeal with the Ninth Circuit and the case has been
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referred back to this court for the limited purpose of determining whether plaintiff’s in forma
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pauperis status should continue or whether the appeal is frivolous or taken in bad faith.
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Youngblood v. Feather Falls Casino, No. 13-15674, Docket No. 2.
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An indigent party who cannot afford the expense of pursuing an appeal may file a
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motion for leave to proceed in forma pauperis. Fed. R. App. P. 24(a); 28 U.S.C. §
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1915(a)(1). Pursuant to Federal Rule of Appellate Procedure 24(a), “a party to a
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district-court action who desires to appeal in forma pauperis must file a motion in the district
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court.” The party must attach an affidavit that (1) shows in detail “the party's inability to pay
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or give security for fees and costs,” (2) “claims an entitlement to redress,” and (3) “states
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the issues that the party intends to present on appeal.” Fed. R. App. P. 24(a)(1). However,
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even if a party provides proof of indigence, “an appeal may not be taken in forma pauperis
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if the trial court certifies in writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3).
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An appeal is in “good faith” where it seeks review of any issue that is “non-frivolous.”
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Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). An issue is “frivolous” if
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it has “no arguable basis in fact or law.” See O'Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir.
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1990).
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Plaintiff alleged that he slipped and fell while at Feather Falls Casino in 2002, prior to
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his incarceration. Plaintiff alleged that he filed several lawsuits in state and federal court
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that were dismissed. Plaintiff stated that while incarcerated at Salinas Valley State Prison
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from 2005 to 2010 his legal work was being sabotaged by unnamed defendants which
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prevented him from continuing the litigation. Plaintiff wants all of his cases reopened and
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money damages.
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Feather Falls Casino is located in Oroville, CA which lies in the Eastern District of
California. Court records and plaintiff’s complaint indicate that he filed a case in the
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For the Northern District of California
United States District Court
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Eastern District regarding this incident, Youngblood v. Feather Falls Casino, 03-1627 WBS
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JFM. That case was dismissed with prejudice on June 1, 2004, for lack of subject matter
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jurisdiction. Plaintiff was also informed in this case that he failed to establish a
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constitutional right of access to the courts claim, as he must have been pursuing a
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non-frivolous claim concerning his conviction or conditions of confinement. Lewis v. Casey,
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518 U.S. 343, 354-55 (1996). A slip and fall at a casino prior to incarceration is insufficient.
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As it is clear that this appeal is frivolous and taken in bad faith, plaintiff’s in forma
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pauperis status is REVOKED. The Clerk shall forward this Order to the Ninth Circuit in
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case No. 13-15674.
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IT IS SO ORDERED.
Dated: April 16, 2013.
PHYLLIS J. HAMILTON
United States District Judge
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