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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EARL WARNER,

Case No. 16-cv-04345-YGR (PR)

Plaintiff,
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ORDER REVOKING IN FORMA
PAUPERIS STATUS

v.
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RABBI Y. FRIEDMAN, et al.,
Defendants.

United States District Court
Northern District of California

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This closed federal civil rights action, which is currently on appeal, was filed by a pro se

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state prisoner. The Ninth Circuit Court of Appeals has referred the matter to this Court for a

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determination whether Plaintiff’s in forma pauperis (“IFP”) status should continue for this appeal.

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This Court determines that it should not. There are no valid grounds on which an appeal can be

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based. Consequently, the Court certifies that any appeal taken from the Order of Dismissal and

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Judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. P.

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(“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674-75 (1958); Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, Plaintiff’s IFP status is hereby

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REVOKED. The Clerk of the Court shall forthwith notify Plaintiff and the Court of Appeals of

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this Order. See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in

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the Court of Appeals within thirty (30) days after service of notice of this Order. See FRAP

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24(a)(5). Any such motion “must include a copy of the affidavit filed in the district court and the

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district court’s statement of reasons for its action.” Id.

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IT IS SO ORDERED.
Dated: February 14, 2017
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YVONNE GONZALEZ ROGERS
United States District Judge