Birch Jr v. State of Nevada

Opinion

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FRANK P. BIRCH, JR., Case No. 2:20-cv-01776-GMN-DJA

Plaintiff, ORDER v.

Defendant.

This matter has been referred to the Court for the limited purpose of determining whether Plaintiff’s in forma pauperis status should continue on appeal. (ECF No. 11). This Court certifies that Plaintiff’s appeal would be frivolous or would not be taken “in good faith” pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis status should be revoked on appeal. See Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (stating in pertinent part that revocation of in forma pauperis status is appropriate where the district court finds the appeal to be frivolous). DATED THIS 8 Day of J u l y 2021.

___ GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE