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Jerome Rene Robinson v. Howard Saxe

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


February 14, 2012

JEROME RENE ROBINSON, PLAINTIFF - APPELLANT,
v.
HOWARD SAXE, ET AL., DEFENDANTS - APPELLEES.

The opinion of the court was delivered by: Hon. Otis D. Wright II United States District Judge

CC: Ninth Circuit

Order DECLINING to Revoke In Forma Pauperis Status [27]

Pending before the Court is the United States Court of Appeals for the Ninth Circuit's February 9, 2012 Referral Noticereferring the above-titled matter to this Court for the limited purpose of determining whether in forma pauperis status should continue for Plaintiff-Appellant Jerome Rene Robinson's ("Plaintiff-Appellant")appeal. (Dkt. No. 27.)

On October 27, 2011, United States Magistrate Judge Ralph Zarefsky issued Memorandum and Order Dismissing Plaintiff-Appellant's Second Amended Complaint. (Dkt. No. 15.) Therein, Judge Zarefsky found that Plaintiff-Appellant "may successfully be able to plead . . . at most four claims for relief." (Id. at 5.) Judge Zarefsky also expressly noted that Plaintiff-Appellant had the option of filing a "Notice of Intent Not to Amend Complaint" within 30 days of dismissal of his Second Amended Complaint ("SAC") so that Plaintiff-Appellant could file an appeal from the dismissal of his SAC. (Id. at 7). Upon consideration of the foregoing, this Court finds that Plaintiff-Appellant's appeal is neither frivolous nor taken in bad faith.

The Clerk of the Court shall send a copy of this Order to the Ninth Circuit Court of Appeals referencing case number 12-55273.

IT IS SO ORDERED.

20120214

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