Bush v. Walensky

Opinion

9 WILLIAM DAVID BUSH, CASE NO.: 21-cv-05825-YGR

10 Plaintiff, ORDER RE: NINTH CIRCUIT REFERRAL NOTICE 11 vs. Re: Dkt. No. 13

13 Defendants.

14 15 On October 25, 2021, the Court issued its Order which, as relevant here, adopted the 16 Magistrate Judge’s report and recommendation dismissing plaintiff’s complaint for failure to state a 17 claim. (Dkt. Nos. 6, 10.) On November 1, 2021, plaintiff filed a Notice of Appeal from the Court’s 18 October 25, 2021 Order. (Dkt. No. 11.) On November 5, 2021, the Ninth Circuit referred the 19 matter to this Court for determination of whether plaintiff’s in forma pauperis (“IFP”) status should 20 continue for this appeal. (Dkt. No. 13.) 21 This Court determines that it should not. There are no valid grounds on which an appeal 22 can be based. Consequently, the Court certifies that any appeal taken from the order of dismissal 23 and judgment of this action will not be taken in good faith and is therefore frivolous. Fed. R. App. 24 P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674–75 (1958); Hooker v. Am. 25 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, plaintiff’s IFP status is REVOKED. 26 The Clerk shall forthwith notify plaintiff and the Court of Appeals of this Order. See FRAP 27 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth Circuit within 28 thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any such motion “must 1 |} include a copy of the affidavit filed in the district court and the district court’s statement of reasons 2 || for its action.” Jd. 3 IT Is SO ORDERED. 4 5 || Dated: November 5, 2021 6 7 YVONNE GONZALEZ ROG UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12

5 & 13

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16 A

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