Cochrane v. Baker

Filing 14

ORDER denying in forma pauperis status on appeal, re 13 USCA Referral Notice, Signed by Judge Robert C. Jones on 1/7/2016. (Copies have been distributed pursuant to the NEF; NEF also sent to USCA Ninth Circuit - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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______________________________________
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TERRY R. COCHRANE,
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Petitioner,
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vs.
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RENEE BAKER,
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Respondent.
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3:15-cv-00298-RCJ-VPC
ORDER

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Petitioner Terry Cochrane is a prisoner in the custody of the Nevada Department of

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Corrections. He filed a petition for a writ quo warranto in this Court, alleging that the state

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statutes under which he was convicted in state court were invalid. The Court adopted the

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Magistrate Judge’s Report and Recommendation, dismissing the case with prejudice because

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only state law potentially provided for such a writ, and Nevada law only provided for such a writ

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to challenge a person’s right to hold office and to oust him therefrom. Moreover, the pleading

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sounded in habeas corpus, and Petitioner had already filed a habeas corpus petition under 28

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U.S.C. § 2254 in this District. Plaintiff has appealed, and the Court of Appeals has referred the

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case to the Court to determine whether in forma pauperis status should continue on appeal. The

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Court finds that in forma pauperis status should not continue on appeal, as the appeal is

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frivolous. See 28 U.S.C. § 1915(a)(3).

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CONCLUSION

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IT IS HEREBY ORDERED that in forma pauperis status shall not continue on appeal.

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IT IS SO ORDERED.

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Dated this 7th day of January, 2015.
Datedthis 17th day of December, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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