Rubino v. Harris, C 14-05553 EJD (PR). (2016)
Court: District Court, N.D. California
Number: infdco20160511981
Visitors: 7
Filed: May 10, 2016
Latest Update: May 10, 2016
Summary: ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL EDWARD J. DAVILA , District Judge . Plaintiff, a California state prisoner, filed the instant civil rights actions pursuant to 42 U.S.C. 1983. On March 28, 2016, the Court granted Defendant's motion for judgment on the pleadings, finding the action was barred under Heck v. Humphrey, 512 U.S. 477 (1994) and Wilkinson v. Dotson, 544 U.S. 74 (2005). (Docket No. 85.) Plaintiff appealed the matter to the Ninth Circuit Court of Appeals
Summary: ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL EDWARD J. DAVILA , District Judge . Plaintiff, a California state prisoner, filed the instant civil rights actions pursuant to 42 U.S.C. 1983. On March 28, 2016, the Court granted Defendant's motion for judgment on the pleadings, finding the action was barred under Heck v. Humphrey, 512 U.S. 477 (1994) and Wilkinson v. Dotson, 544 U.S. 74 (2005). (Docket No. 85.) Plaintiff appealed the matter to the Ninth Circuit Court of Appeals...
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ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL
EDWARD J. DAVILA, District Judge.
Plaintiff, a California state prisoner, filed the instant civil rights actions pursuant to 42 U.S.C. § 1983. On March 28, 2016, the Court granted Defendant's motion for judgment on the pleadings, finding the action was barred under Heck v. Humphrey, 512 U.S. 477 (1994) and Wilkinson v. Dotson, 544 U.S. 74 (2005). (Docket No. 85.) Plaintiff appealed the matter to the Ninth Circuit Court of Appeals. The Ninth Circuit has referred this matter back to this Court for the limited purpose of determining whether in forma pauperis status should continue for the appeal. (Docket No. 89.) The Court finds the appeal is frivolous, and therefore REVOKES Plaintiff's in forma pauperis status. See 28 U.S.C. § 1915(a)(3).
The Clerk shall send a copy of this order to the Ninth Circuit.
Source: Leagle
