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Archie Cranford v. Pam Ahlin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 22, 2012

ARCHIE CRANFORD,
PLAINTIFF,
v.
PAM AHLIN, ET AL., DEFENDANTS.

ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS ON APPEAL Doc. 11

On July 20, 2011, Plaintiff Archie Cranford ("Plaintiff"), a civil detainee proceeding pro se and in forma pauperis, filed this civil rights action filed this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is civilly committed to Coalinga State Hospital as a sexually violent predator ("SVP"). Plaintiff alleges defendant "slipped him a mickey" and denied him a "nightly snack" based on "discrimination against white patients." Plaintiff seeks twelve quadrillion dollars in damages. Doc. 1.

On September 7, 2012, the Court dismissed Plaintiff's complaint, with prejudice, for failure to state a claim upon which relief may granted under § 1983 and for Rule 11(b)(3) violation. Doc. 6. On September 21, 2012, Plaintiff filed a notice of appeal. Doc. 8. On September 21, 2012, the Ninth Circuit issued a referral notice to this 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. Doc. 11.

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 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). The Court finds that Plaintiff's appeal is not taken in good faith. Plaintiff's complaint alleges defendant "slipped him a mickey" and denied him a "nightly snack" based on "discrimination against white patients." Plaintiff seeks twelve quadrillion dollars in damages. Plaintiff's allegations failed to state a claim. Moreover, in violation of Rule 11(b)(3) of the Federal Rules of Civil Procedure, Plaintiff falsely states in his complaint that he has only had one (1) previous or pending lawsuit in addition to the instant case. Doc. 1. *fn1 Accordingly, Plaintiff's appeal is not taken in good faith and is frivolous. Plaintiff's in forma pauperis status is HEREBY ORDERED REVOKED for purposes of his appeal. IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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