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Harper v. Robinson

United States District Court, Eastern District of California
Nov 15, 2022
1:21-cv-1364 JLT EPG (PC) (E.D. Cal. Nov. 15, 2022)

Opinion

1:21-cv-1364 JLT EPG (PC)

11-15-2022

JOHNATHAN SETH HARPER, Plaintiff, v. DAVID ROBINSON, et al., Defendants.


Appeal No. 22-16450

ORDER REGARDING IN FORMA PA UPERIS STATUS ON APPEAL AND DIRECTING CLERK TO SERVE A COPY OF THIS ORDER ON THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Doc. 41)

On September 6, 2022, the Court dismissed the action with prejudice. (Doc. 32.) On September 19, 2022, Plaintiff appealed this Court's decision. (Doc. 34.) The Ninth Circuit Court of Appeals referred the matter back to this Court for the limited purpose of determining whether in forma pauperis status should continue for the appeal, or whether the status should be revoked. (Doc. 41.)

As the Court noted in its order dismissing this action, Plaintiff failed “to state a cognizable claim upon which relief may be granted” in his First Amended Complaint. (Doc. 32 at 1.) Although Plaintiff was provided with the applicable legal standards, and received an opportunity to amend his complaint, he failed to cure the pleading defects identified by the Court. Rather, Plaintiff continued to offer only conclusory, disjointed allegations that were insufficient to support his claims. Because Plaintiff failed to state a cognizable claim and did not cure the defects when granted an opportunity, the Court now finds the appeal is frivolous. Accordingly, the Court ORDERS:

1. The appeal is declared frivolous.

2. Pursuant to 28 U.S.C. § 1915(a)(3), Plaintiff is not entitled to proceed in forma pauperis in Appeal No. 22-16450.

3. Pursuant to Federal Rule of Appellate Procedure 24(a)(4), this order serves as notice to the parties and the United States Court of Appeals for the Ninth Circuit of the finding that Plaintiff is not entitled to proceed in forma pauperis for this appeal.

4. The Clerk of Court is directed to serve a copy of this order on the parties and the United States Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.


Summaries of

Harper v. Robinson

United States District Court, Eastern District of California
Nov 15, 2022
1:21-cv-1364 JLT EPG (PC) (E.D. Cal. Nov. 15, 2022)
Case details for

Harper v. Robinson

Case Details

Full title:JOHNATHAN SETH HARPER, Plaintiff, v. DAVID ROBINSON, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 15, 2022

Citations

1:21-cv-1364 JLT EPG (PC) (E.D. Cal. Nov. 15, 2022)