Austin v. State of California, San Francisco Superior Court

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 GREGORY AUSTIN, Case No. 20-cv-00900-CRB

Plaintiff,

ORDER RE IN FORMA PAUPERIS

v. STATUS

STATE OF CALIFORNIA, SAN FRANCISCO SUPERIOR COURT, et al., 12 Defendants. 13 On January 6, 2021, the Court dismissed Gregory Austin’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 for lack of subject matter jurisdiction and noted that Austin’s petition was untimely. See Order Dismissing Pet. with Prejudice (dkt. 34). Austin filed a Notice of Appeal on February 1, 2021. See Notice of Appeal (dkt. 36). On February 3, 2021, the Ninth Circuit referred Austin’s appeal to the 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 Referral Notice, Ninth Circuit Case No. 21-15191 (dkt. 2). As the referral notice explains, revocation of in forma pauperis status is “appropriate” when the district court “finds the…