(PS) McDaniel v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 TANYA GRACE MCDANIEL, No. 2:21-cv-01696 WBS DB 13 Plaintiff, 14 v. ORDER 15 UNITED STATES OF AMERICA; et al., 16 Defendants. 17 18 ----oo0oo---- 19 After the court adopted the Magistrate Judge’s Findings 20 and Recommendations and dismissed the case, plaintiff appealed. 21 (See Docket Nos. 91, 95, 97.) The Ninth Circuit has now referred 22 the matter back to this court “for the limited purpose of 23 determining whether in forma pauperis status should continue for 24 this appeal or whether the appeal is frivolous or taken in bad 25 faith” under 28 U.S.C. § 1915(a)(3) and Hooker v. American 26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). (Docket No. 100.) 27 For the reasons discussed in the Magistrate Judge’s 28 nnn nnn nnn ene EO OO OD 1 Findings and Recommendations, and as found in the court’s order 2 adopting those Findings and Recommendations, the court finds that 3 the complaint and plaintiff’s appeal are frivolous. Specifically, 4 plaintiff’s complaint alleges, among other things, vudoo and mind 5 control by the defendants, and plaintiff “has repeatedly filed 6 | versions of these same allegations in this court.” (Docket No. 7 91 at 4-5.) 8 Accordingly, plaintiff’s in forma pauperis status is 9 hereby REVOKED. See Hooker, 302 F.3d at 1092. The Clerk of this 10 Court shall promptly notify the Ninth Circuit and the parties of 11 this determination and Order. 12 IT IS SO ORDERED. 13 Dated: September 9, 2022 oftte a ak beg! 14 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28