Scott

Scott v. Yellen

Good Law
United States District Court, Northern District of CaliforniaApril 28, 20214:21-cv-01519California549 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DONNIE SCOTT, Case No. 21-cv-01519-PJH

Plaintiff,

ORDER REVOKING PLAINTIFF’S IN

v. FORMA PAUPERIS STATUS

JANET YELLEN, et al., Defendants.

12 Plaintiff, a state prisoner proceeding pro se, filed a civil action against a governmental entity that was dismissed at screening. Plaintiff filed an appeal with the Ninth Circuit, which re-engaged this court for the limited purpose of determining whether plaintiff’s in forma pauperis status should continue, or whether the appeal is frivolous or taken in bad faith. An indigent party who cannot afford the expense of pursuing an appeal may file a motion for leave to proceed in forma pauperis. Fed. R. App. P. 24(a); 28 U.S.C. § 1915(a)(1). Pursuant to Federal Rule of Appellate Procedure 24(a), “a party to a district- court action who desires to appeal in forma pauperis must file a motion in the district court.” The party must attach an affidavit that (1) shows in detail “the party’s…

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