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Francis W. Davis v. M. Martel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 18, 2012

FRANCIS W. DAVIS, PLAINTIFF,
v.
M. MARTEL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se and in forma paupers, seeks relief pursuant to 42 U.S.C. § 1983. This case is before the undersigned pursuant to plaintiff's consent. Doc. 4. On December 13, 2011, the court dismissed plaintiff's second amended civil rights complaint and closed this case. Plaintiff filed an appeal with the Ninth Circuit and on January 9, 2012, 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 December 13, 2011, order, the court finds that plaintiff's appeal is frivolous. 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. 11-18078.

20120118

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