Johnson v. Contra Costa County Clerk Recorder
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WAYNE JOHNSON, Case No. 21-cv-07579-JSC
Plaintiff,
ORDER RE: MOTION TO RESCIND
v. PLAINTIFF’S IN FORMA PAUPERIS
STATUS ON APPEAL
ESA EHMEN KRAUSE, et al., Re: Dkt. No. 32 Defendants.
12 The Court granted Defendants’ motion to dismiss and entered judgment on August 11, 2022. (Dkt. Nos. 28, 29.) Plaintiff’s appeal to the Ninth Circuit Court of Appeals was docketed on August 24, 2022. (Dkt. Nos. 30, 31.) Plaintiff proceeded in this case in forma pauperis (“IFP”), meaning without paying the ordinary filing fee. Before the Court is Defendants’ motion to rescind Plaintiff’s IFP status. (Dkt. No. 32.) After carefully considering the briefing, the Court concludes that oral argument is unnecessary, see N.D. Cal. Civ. L.R. 7-1(b), VACATES the October 6, 2022 hearing, and DENIES the motion. DISCUSSION A court may revoke a plaintiff’s IFP status on appeal if it “certifies that the appeal is not …