(PS) Raley v. Williams ( 2019 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN RALEY, No. 2:14-CV-2652-JAM-DMC-P 12 Plaintiff, 13 v. ORDER 14 BOB WILLIAMS, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brought this civil rights action pursuant to 18 42 U.S.C. § 1983. Final judgment was entered on July 11, 2019, and plaintiff has appealed. The 19 matter was referred to the undersigned by the Ninth Circuit Court of Appeals to certify whether in 20 forma pauperis status should continue on appeal or whether the appeal is frivolous or taken in bad 21 faith, in which case in forma pauperis status would be revoked. See 28 U.S.C. § 1915(a)(3); see 22 also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Having reviewed the 23 entire file, the court concludes in forma pauperis status should be revoked because there is no 24 merit to plaintiff’s Eighth Amendment excessive fines claim. 25 / / / 26 / / / 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s in forma pauperis status should be revoked; and 3 2. The Clerk of the Court is directed to serve a copy of this order on the Pro 4 Se Unit at the Ninth Circuit Court of Appeals. 5 DATED: September 24, 2019 6 /s/ John A. Mendez____________ _____ 7 UNITED STATES DISTRICT COURT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28