Ellawendy
Ellawendy v. Ferrera
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. …