(PC) Garbett v. Anderson ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KARRICK M. GARBETT, No. 2:18-CV-1793-KJM-DMC-P 12 Plaintiff, 13 v. ORDER 14 JENNIFER SCHAFFER, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, appeals the 18 court's final judgment entered on September 30, 2019. The matter was referred to the 19 undersigned by the Ninth Circuit Court of Appeals to certify whether in forma pauperis status 20 should continue on appeal or whether the appeal is frivolous or taken in bad faith, in which case 21 in forma pauperis status would be revoked. See 28 U.S.C. § 1915(a)(3); see also Hooker v. 22 American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Having reviewed the entire file, the 23 court concludes in forma pauperis status should be revoked because the appeal is frivolous. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiffs 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 6 7 | Dated: January 10, 2020 Ssvcqo_ 8 DENNIS M. COTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28