(PC) Nguyen v. Stoller

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAI NGUYEN, No. 2:23-CV-1157-WBS-DMC-P 12 Plaintiff, Court of Appeals No. 24-5142

13 v. ORDER 14 JOHN STOLLER, et al., 15 Defendants. 16 17 18 Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to 19 42 U.S.C. § 1983. Final judgment was entered on July 22, 2024, and this case is closed. Plaintiff 20 has appealed. 21 The matter was referred to the undersigned by the Ninth Circuit Court of Appeals 22 to certify whether in forma pauperis status should continue on appeal or whether the appeal is 23 frivolous or taken in bad faith, in which case in forma pauperis status would be revoked. See 28 24 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 25 Having reviewed the entire file, the Court concludes in forma pauperis status should be revoked 26 because, for the reasons discussed in detail in the Magistrate Judge’s Findings and 27 Recommendations of June 17, 2024 (Docket No. 19), Plaintiff's appeal from this Court's final 28 order dismissing the action for failure to state a claim is frivolous. 1} /// 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff's in forma pauperis status should be revoked; and 4 2. The Clerk of the Court is directed to serve a copy of this order on the Pro 5 | Se Unit at the Ninth Circuit Court of Appeals. 6 || Dated: August 29, 2024 44 4 , . ak. 1 / 7 WILLIAMB.SHUBB 8 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28