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