Crawford v. Smith's Food and Drug Store Inc

Filing 281

ORDER. IT IS THEREFORE ORDERED that the Court certifies that Plaintiff's appeal is frivolous pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff's in forma pauperis status is revoked for purposes of this appeal. Signed by Chief Judge Gloria M. Navarro on 1/31/17. (Copies have been distributed pursuant to the NEF - cc: Court of Appeals - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Milton O. Crawford,
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Plaintiff,
vs.
Smith’s Food and Drug Centers, Inc., et al.,

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Defendants.

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Case No.: 2:12-cv-0122-GMN-GWF
ORDER

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By notice entered January 12, 2017, the U.S. Court of Appeals for the Ninth Circuit

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referred this matter to the District Court for the limited purpose of determining whether in

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forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken

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in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091,

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1092 (9th Cir. 2002) (revocation of in forma pauperis status appropriate where the District

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Court finds the appeal to be frivolous).

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Here, Plaintiff appeals the Court’s Order denying his Motion for Leave to File a Motion

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for New Trial pursuant to Federal Rule of Civil Procedure 59 (“FRCP 59”). As stated in the

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Court’s previous Order, (ECF No. 275), Plaintiff filed his motion over two years after the entry

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of judgment, and therefore a motion brought under FRCP 59 would be untimely. Accordingly,

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the record clearly shows that Plaintiff’s appeal lacks any legal or factual basis.

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IT IS THEREFORE ORDERED that the Court certifies that Plaintiff’s appeal is

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frivolous pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis status is revoked for

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purposes of this appeal.

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DATED this _____ day of January, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court
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