Emrit et al v. United States Postal Service (USPS) et al

Filing 16

ORDER directing that Plaintiffs may not proceed IFP on appeal, re 15 USCA Order. Signed by Judge Robert C. Jones on 1/20/2015. (Copies have been distributed pursuant to the NEF; NEF also sent to USCA Ninth Circuit - KR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 11 ______________________________________ ) ) RONALD SATISH EMRIT et al., ) ) Plaintiffs, ) ) vs. ) ) UNITED STATES POSTAL SERVICE et al., ) ) Defendants. ) ) 3:14-cv-00534-RCJ-WGC ORDER 12 13 Plaintiffs sued Defendants in this Court under several theories based on the loss of their 14 mail. The Court adopted the Magistrate Judge’s Report & Recommendation, dismissing with 15 prejudice. The Court granted in forma pauperis status upon screening, and the Court of Appeals 16 has remanded for the limited purpose of determining whether that status should continue on 17 appeal. The Court finds that in forma pauperis status should not continue on appeal, as the 18 appeal is frivolous. See 28 U.S.C. § 1915(a)(3); see also Hooker v. Am. Airlines, 302 F.3d 1091, 19 1092 (9th Cir. 2002). 20 /// 21 /// 22 /// 23 /// 24 1 of 2 CONCLUSION 1 2 IT IS HEREBY ORDERED that Plaintiffs may not proceed in forma pauperis on appeal. 3 IT IS SO ORDERED. 4 Dated this 20th day January, 2015. Dated this 12th day ofof January, 2015 5 6 _____________________________________ ROBERT C. JONES United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 of 2

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