Henderson v. Lewis et al

Filing 68

ORDER by Judge Haywood S. Gilliam, Jr. DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 10/10/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DARREN HENDERSON,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
J. LEWIS, et al.,

Case No. 17-cv-06977-HSG
ORDER DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS ON
APPEAL
Re: Dkt. No. 67

Defendants.

12
13

Plaintiff, a California prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. §

14

1983. Now pending before the Court is plaintiff’s motion requesting leave to proceed in forma

15

pauperis on appeal. The Court has already denied plaintiff leave to proceed in forma pauperis on

16

appeal on the grounds that the appeal is frivolous. See Dkt. No. 66 (citing 28 U.S.C. § 1915(a)(3);

17

Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)). The pending motion appears

18

to be a copy of the initial motion requesting leave to proceed in forma pauperis on appeal (Dkt.

19

No. 63), but with a prison trust account statement attached. Plaintiff’s second request for leave to

20

proceed in forma pauperis on appeal is therefore DENIED for the same reasons as the initial

21

request was denied. See Dkt. No. 66.

22
23
24
25
26
27
28

This order terminates Dkt. No 67. This case remains closed. The Clerk shall transmit a
copy of this order to the Court of Appeals.
IT IS SO ORDERED.
Dated: 10/10/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge