(PC) Benson v. Dowbak ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 LANCE ALYN BENSON, No. 2:21-cv-1650 WBS AC P 13 Plaintiff, 14 v. ORDER 15 JOHN DOWBAK, 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. 44, 51, 53.) 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. 57.) 27 For the reasons discussed in the Magistrate Judge’s 28 Findings and Recommendations, the court finds that plaintiff’s ne nn nen enn nen nn nn on nn nn nn ne SN ID 1 appeal is frivolous. As noted by the Magistrate Judge, plaintiff 2 was told multiple times that (1) his complaint must contain a 3 short, plain statement of his claims and that he cannot include 4] unrelated claims and defendants in one complaint, and (2) failure 5 to remedy his complaints would result in a recommendation of 6 | dismissal. (Docket No. 44 at 5-6.) In light of these multiple 7 warnings, plaintiff “does not appear willing to comply with the 8 orders of the court and providing future opportunities to comply 9 appears futile.” (Id.)+ Accordingly, plaintiff’s in forma 10 | pauperis status is hereby REVOKED. See Hooker, 302 F.3d at 1092. 11 The Clerk of Court shall promptly notify the Ninth Circuit and 12 the parties of this determination and order. 13 IT IS SO ORDERED. 14 | Dated: October 21, 2022 tleom ah. A. be—~ 15 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 1 Notwithstanding these warnings from the Magistrate 27 Judge, plaintiff’s most recent complaint is “comprised of numerous different claims about a variety of unrelated incidents 28 | involving over one hundred people.” (Id.; see Docket No. 43.)