(PC) Calderon v. Bonta ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JUAN CARLOS CALDERON, No. 2:23cv01064-WBS-KJN P 13 Plaintiff, Ninth Circuit No. 23-2515 14 v. ORDER 15 ROB BONTA, 16 Defendant. 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. 12, 16, 18.) 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. 23.) 27 For the reasons discussed in the Magistrate Judge’s 28 Findings and Recommendations, the court finds that plaintiff’s nen ee nnn enn ene nn nnn nn nn nnn nn no nnn ONO 1 appeal is frivolous. As noted by the Magistrate Judge, plaintiff 2 raises claims that are “vague and conclusory and largely 3 unbelievable.” (See Docket No. 12 at 3.) As one example, 4 plaintiff alleges that defendant Bonta and Does 1-25 subjected 5 him to illegal surgeries against his will for the purpose of 6 implanting a chip to monitor his brain activities. (Docket No. 9 7 at 4.) While some of plaintiff’s claims are somewhat more 8 believable, he still has not alleged how defendant Bonta or the 9 | Doe defendants are linked to any of the alleged violations of his 10 rights, or when, where, or by whom these violations occurred. 11 (See Docket 12 at 3.) 12 In light of the deficiencies identified by the 13 | Magistrate Judge, which plaintiff wholly failed to address in his 14 amended complaint, the court finds that plaintiff’s appeal is 15 frivolous and is not taken in good faith. Accordingly, 16 | plaintiff’s in forma pauperis status is hereby REVOKED. See 17 Hooker, 302 F.3d at 1092. The Clerk of Court shall promptly 18 notify the Ninth Circuit and the parties of this determination 19 and order. 20 IT IS SO ORDERED. 21 | Dated: October 24, 2023 rb btm Hh. 2A be-—~ 52 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28