Henderson v. Lewis

Opinion

1 2 3 6 7 DARREN HENDERSON, Case No. 17-cv-06977-HSG 8 Plaintiff, ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON 9 v. APPEAL 10 J. LEWIS, et al., Re: Dkt. No. 67 11 Defendants. 12

Plaintiff, a California prisoner, filed this pro se civil rights action pursuant to 42 U.S.C. § 14 } 1983. Now pending before the Court is plaintiff's motion requesting leave to proceed in forma 3 15 || pauperis on appeal. The Court has already denied plaintiff leave to proceed in forma pauperis on a 16 || appeal on the grounds that the appeal is frivolous. See Dkt. No. 66 (citing 28 U.S.C. § 1915(a)(3); 3 17 || Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)). The pending motion appears 18 to be a copy of the initial motion requesting leave to proceed in forma pauperis on appeal (Dkt. 19 No. 63), but with a prison trust account statement attached. Plaintiff's second request for leave to 20 proceed in forma pauperis on appeal is therefore DENIED for the same reasons as the initial 21 request was denied. See Dkt. No. 66. 22 This order terminates Dkt. No 67. This case remains closed. The Clerk shall transmit a 23 copy of this order to the Court of Appeals. 25 Dated: 10/10/2019

HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28