Zito et al v. United States Supreme Court et al

Filing 10

ORDER Re: #9 USCA Referral Notice : The Court certifies that any in forma pauperis appeal from its order of dismissal would be frivolous or would not be taken "in good faith" under 28 U.S.C. 1915(a)(3). Plaintiff's in forma pauperis status should be revoked on appeal. (USCA Case No. 24-5213) (Ad hoc email to USCA [e-mail] on 8/28/2024.) Signed by Chief Judge Miranda M. Du on 8/28/2024 (Copies have been distributed pursuant to the NEF - DRM) Modified on 8/28/2024 to clarify; NEF regenerated to USCA (DRM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JORDAN ZITO, et al.,

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Case No. 3:24-cv-00295-MMD-CLB
Plaintiffs,

ORDER

v.
UNITED STATES SUPREME COURT, et
al.,
Defendants.

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This matter is referred to the Court for the limited purpose of determining whether

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in forma pauperis status should continue on appeal. (ECF No. 9.) The Court certifies that

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any in forma pauperis appeal from its order of dismissal would be frivolous or would not

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be taken “in good faith” under 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis status

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should thus be revoked on appeal. See Hooker v. American Airlines, 302 F.3d 1091, 1092

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(9th Cir. 2002) (finding that revocation of forma pauperis status is appropriate where

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district court finds the appeal to be frivolous).

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DATED THIS 28th Day of August 2024.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE