Stuckey v. Trump ( 2020 )

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ANDRE KENNETH STUCKEY, 4 Case No. 19-cv-03688-YGR (PR) Plaintiff, 5 ORDER CERTIFYING THAT v. PLAINTIFF’S APPEAL IS NOT IN 6 GOOD FAITH UNDER 28 U.S.C. DONALD J. TRUMP, et al., § 1915(A)(3) Defendants. 8 9 This closed federal civil rights action was filed by a pro se state prisoner. On January 29, 10 || 2020, the Court issued its Order of Dismissal and entered judgment. Dkts. 14, 15. On March 2, 11 || 2020, Plaintiff filed a Notice of Appeal from the Court’s January 29, 2020 Order. Dkt. 16. a 12 The Ninth Circuit has referred the matter to this Court for a determination whether 13 || Plaintiff's in forma pauperis (“IFP”) status should continue for this appeal. Dkt. 18. This Court v 14 || determines that it should not. There are no valid grounds on which an appeal can be based. © 15 || Consequently, the Court certifies that any appeal taken from its January 29, 2020 Order and from Q 16 || the accompanying judgment of this action will not be taken in good faith and is therefore = 17 || frivolous. Fed. R. App. P. (“FRAP”) 24(a)(3)(A); Ellis v. United States, 356 U.S. 674, 674-75 Z 18 (1958); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, 19 || Plaintiffs IFP status is hereby REVOKED. 20 The Clerk of the Court shall forthwith notify Plaintiff and the Ninth Circuit of this Order. 21 || See FRAP 24(a)(4). Plaintiff may file a motion for leave to proceed IFP on appeal in the Ninth 22 || Circuit within thirty (30) days after service of notice of this Order. See FRAP 24(a)(5). Any 23 || such motion “must include a copy of the affidavit filed in the district court and the district court’s 24 || statement of reasons for its action.” Id. 25 IT IS SO ORDERED. 26 || Dated: March 24, 2020 27 ONNE GONZALEZ ROGERS 28 United States District Judge