Ellawendy

Ellawendy v. Ferrera

Good Law
United States District Court, Northern District of CaliforniaOctober 1, 20215:20-cv-07757California1,840 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

ABDELFATAH ELLAWENDY, Case No. 20-CV-07757-LHK

Plaintiff,

ORDER DISCONTINUING IN FORMA

PAUPERIS STATUS

v.

JOHN FERRERA, et al., Defendants. 17 Before the Court is the Ninth Circuit’s referral to this Court for a determination of whether to continue Plaintiff AbdelFatah Ellawendy’s (“Plaintiff”) in forma pauperis status. 9th Cir. Case No. 21-16431, ECF No. 2. Having considered the relevant law and the record in this case, the Court DISCONTINUES Plaintiff’s in forma pauperis status. Rule 24(a)(3) of the Federal Rules of Appellate Procedure provides that a party granted leave to proceed in forma pauperis in district court may continue in that status on appeal unless the district court certifies that the appeal is not taken in good faith. Section 1915(a)(3) of Title 28 of the United States Code similarly provides that an appeal may not be taken in forma pauperis if the trial court certifies it is not taken in good faith. …

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