Opinion
No. CV 13-01626 CRB
05-08-2013
GARY JOHN BATTAGLIA, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION ET AL., Defendants.
ORDER DENYING APPLICATION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL
The Ninth Circuit has referred this case to this Court "for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)." The Court dismissed this case on April 18, 2013, holding that Plaintiff's allegations were "'fanciful,' 'fantastic,' 'delusional,' and 'wholly incredible,' and therefore subject to dismissal as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i). See generally Order (dkt. 5). In the Court's view, that holding is not reasonably subject to dispute. Accordingly, the Court finds that the appeal is frivolous. In forma pauperis should be revoked. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED.
________________________
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE