Warner v. Friedman et al

Filing 10

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Yvonne Gonzalez Rogers on 2/14/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EARL WARNER, Case No. 16-cv-04345-YGR (PR) Plaintiff, 8 ORDER REVOKING IN FORMA PAUPERIS STATUS v. 9 10 RABBI Y. FRIEDMAN, et al., Defendants. United States District Court Northern District of California 11 12 This closed federal civil rights action, which is currently on appeal, was filed by a pro se 13 state prisoner. The Ninth Circuit Court of Appeals has referred the matter to this Court for a 14 determination whether Plaintiff’s in forma pauperis (“IFP”) status should continue for this appeal. 15 This Court determines that it should not. There are no valid grounds on which an appeal can be 16 based. Consequently, the Court certifies that any appeal taken from the Order of Dismissal and 17 Judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. P. 18 (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674-75 (1958); Hooker v. American 19 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, Plaintiff’s IFP status is hereby 20 REVOKED. The Clerk of the Court shall forthwith notify Plaintiff and the Court of Appeals of 21 this Order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in 22 the Court of Appeals within thirty (30) days after service of notice of this Order. See FRAP 23 24(a)(5). Any such motion “must include a copy of the affidavit filed in the district court and the 24 district court’s statement of reasons for its action.” Id. 25 26 27 28 IT IS SO ORDERED. Dated: February 14, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge

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