IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 11, 2012
MICHAEL DANIELS, PLAINTIFF,
CALIFORNIA ATTORNEY GENERAL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United States District Court Judge
Plaintiff, a state prisoner, was proceeding pro se and in forma pauperis in this civil rights action. On August 28, 2012, the court remanded this action to the state court because plaintiff was not authorized to effect its removal. Dckt. Nos. 8, 13. Plaintiff subsequently filed a notice of appeal. Dckt. No. 14.
Pursuant to 28 U.S.C. § 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." See also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). Here, plaintiff's appeal is not taken in good faith, and is frivolous. Plaintiff claimed to have removed this action from the Sacramento County Superior Court, but pursuant to 28 U.S.C. § 1441(a), only "the defendant or the defendants" may remove an action from state court.
Accordingly, IT IS HEREBY ORDERED that plaintiff's in forma pauperis status is revoked for purposes of his appeal.
© 1992-2012 VersusLaw Inc.