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Michael Tater-Alexander v. County of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 31, 2011

MICHAEL TATER-ALEXANDER,
PLAINTIFF,
v.
COUNTY OF FRESNO, ET AL., DEFENDANTS.

APPEAL NO. 11-15659

(Doc. 14)

ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS

By notice entered March 30, 2011, the U.S. Court of Appeals for the Ninth Circuit referred this matter to the District Court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status is appropriate where the District Court finds the appeal to be frivolous).

Permitting litigants to proceed in forma pauperis is a privilege, not a right. Franklin v. Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984); Williams v. Field, 394 F.2d 329, 332 (9th Cir.), cert. denied, 393 U.S. 891 (1968); Williams v. Marshall, 795 F.Supp. 978, 978-79 (N.D. Cal. 1992). A federal court may dismiss a claim filed in forma pauperis prior to service if it is satisfied that the action is frivolous or malicious. 28 U.S.C. § 1915(d); see Sully v. Lungren, 842 F.Supp. 1230, 1231 (N.D. Cal. 1994). If a plaintiff with in forma pauperis statusbrings a case without arguable substance in law and fact, the court may declare the case frivolous. Franklin, 745 F.2d at 1227. By its Order Adopting Findings and Recommendations Recommending Denial of Motion to Amend and Dismissal for Failure to State a Claim (Doc. 11), this Court dismissed Plaintiff's complaint for failure to state a claim upon which relief could be granted.

Accordingly, it is hereby ORDERED that

1. This matter is declared frivolous;

2. Pursuant to 28 U.S.C. § 1915(a)(3), Plaintiff is not entitled to proceed in forma pauperis in Appeal No. 11-15659, filed March 14, 2011;

3. Pursuant to Federal Rule of Appellate Procedure 24(a)(4), this Order serves as notice to the parties and the United States Court of Appeals for the Ninth Circuit of the finding that Plaintiff is not entitled to proceed in form pauperis for this appeal; and

4. The Clerk of Court is directed to serve a copy of this Order on Plaintiff and the United States Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.

0m8i78

CHIEF UNITED STATES DISTRICT JUDGE

20110331

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