(PC) Steward v. Mohmond ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONNY STEWARD, No. 2:20-cv-01892-TLN-AC 12 Plaintiff, 13 v. ORDER 14 ASEIL MOHMOUD, et al., 15 Defendants. 16 17 Plaintiff Donny Steward (“Plaintiff”) is a state prisoner, proceeding pro se, with a civil 18 rights action pursuant to 42 U.S.C. § 1983. On June 9, 2021, the Court dismissed this action and 19 judgment was entered. (ECF Nos. 17, 18.) Plaintiff appealed the judgment to the Ninth Circuit 20 Court of Appeals. (ECF No. 21.) 21 On June 25, 2021, the Ninth Circuit referred the matter to this Court for the limited 22 purpose of determining whether Plaintiff’s in forma pauperis status should continue on appeal or 23 whether the appeal is frivolous or taken in bad faith. (ECF No. 22 at 1 (citing 28 U.S.C. § 24 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in 25 forma pauperis status is appropriate where the district court finds the appeal to be frivolous)).) 26 For the reasons stated in the April 15, 2021 Findings and Recommendations (see ECF No. 27 10), the Court finds that Plaintiff’s appeal is frivolous. Plaintiff’s in forma pauperis status on 28 appeal should therefore be revoked. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff's in forma pauperis status on appeal is hereby REVOKED; and 3 2. The Clerk of the Court is directed to serve this order on the Ninth Circuit Court of 4 Appeals in Case No. 21-16057. 5 IT IS SO ORDERED. 6 | DATED: June 29, 2021 7 () f / 8 J Votan 9 Troy L. Nuhlep ] 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28