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Derek Todd v. Donald Bevins et al

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


December 13, 2012

DEREK TODD, PLAINTIFF,
v.
DONALD BEVINS ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff Derek Todd, who is proceeding without counsel and in forma pauperis, originally filed this action under 42 U.S.C. § 1983 on March 21, 2012. (Dkt. No. 1.) On December 5, 2012, the district judge adopted the undersigned's findings and recommendations recommending that defendants' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure be granted and that the action be dismissed with prejudice. (Dkt. Nos. 22, 25.) On December 7, 2012, plaintiff filed a notice of appeal. (Dkt. No. 27.)

Thereafter, on December 12, 2012, the Ninth Circuit Court of Appeals directed the court to determine whether in forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in bad faith. For the reasons stated in the September 17, 2012 findings and recommendations, subsequently adopted by the district judge's December 5, 2012 order, the court finds that the appeal is frivolous, and that it is appropriate to revoke plaintiff's in forma pauperis status for purposes of the appeal.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's in forma pauperis status for appeal is REVOKED because the appeal is frivolous; and

2. The Clerk of Court shall serve this order on the Ninth Circuit Court of Appeals.


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