(PC) Pilcher v. Delaney ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ORLANDO LEWAYNE PILCHER, No. 2:20-cv-01873-TLN-KJN 12 Plaintiff, 13 v. ORDER 14 CAROLYN K. DELANEY, 15 Defendant. 16 17 Plaintiff Orlando Lewayne Pilcher (“Plaintiff”) is a state prisoner, proceeding pro se, with 18 a civil rights action pursuant to 42 U.S.C. § 1983. On October 27, 2020, the Court dismissed this 19 action and judgment was entered. (ECF Nos. 10, 11.) Plaintiff appealed the judgment to the 20 Ninth Circuit Court of Appeals. (ECF No. 13.) 21 On November 13, 2020, 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. See 28 U.S.C. § 1915(a)(3); see also Hooker 24 v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status 25 is appropriate where the district court finds the appeal to be frivolous). (ECF No. 16.) 26 For the reasons stated in the September 23, 2020 Findings and Recommendations, the 27 Court finds that Plaintiff’s appeal is frivolous. (See ECF No. 5.) For this reason, Plaintiff’s in 28 forma pauperis status on appeal should 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. 5 IT IS SO ORDERED. 6 DATED: November 20, 2020 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28