Samuel anderson v. Matthew Tate

The opinion of the court was delivered by: John A. Mendez United States District Judge

ORDER

Plaintiff, a state prisoner proceeding pro se and in forma paupers, seeks relief pursuant to 42 U.S.C. § 1983. On May 10, 2011, the court dismissed plaintiffs amended civil rights complaint and closed this case. Plaintiff filed an appeal with the Ninth Circuit and on June 7, 2011, the Ninth Circuit referred the matter back to this court for the limited purpose of determining whether plaintiff's in forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in bad faith. For the reasons set forth in the March 28, 2011, findings and recommendations, the court finds that plaintiff's appeal is frivolous and taken in bad faith. Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Therefore, plaintiff's in forma pauperis status is revoked.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's in forma pauperis status is revoked;

2. The Clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case No. 11-16376.

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