Opinion
3:15-cv-00298-RCJ-VPC
01-07-2016
TERRY R. COCHRANE, Petitioner, v. RENEE BAKER, Respondent.
ORDER
Petitioner Terry Cochrane is a prisoner in the custody of the Nevada Department of Corrections. He filed a petition for a writ quo warranto in this Court, alleging that the state statutes under which he was convicted in state court were invalid. The Court adopted the Magistrate Judge's Report and Recommendation, dismissing the case with prejudice because only state law potentially provided for such a writ, and Nevada law only provided for such a writ to challenge a person's right to hold office and to oust him therefrom. Moreover, the pleading sounded in habeas corpus, and Petitioner had already filed a habeas corpus petition under 28 U.S.C. § 2254 in this District. Plaintiff has appealed, and the Court of Appeals has referred the case to the Court to determine whether in forma pauperis status should continue on appeal. The Court finds that in forma pauperis status should not continue on appeal, as the appeal is frivolous. See 28 U.S.C. § 1915(a)(3). ///
CONCLUSION
IT IS HEREBY ORDERED that in forma pauperis status shall not continue on appeal.
IT IS SO ORDERED. Dated this 7th day of January, 2016.
/s/_________
ROBERT C. JONES
United States District Judge