Roberto Durand v. Lisa Clark
| ROBERTO DURAND |
| LISA M. CLARK |
| 22-15365 |
| March 10, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
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| Filing 5 Filed clerk order (Deputy Clerk: JW): A review of the district courts docket reflects that the district court has certified that this appeal is not taken in good faith and has revoked appellants in forma pauperis status. See 28 U.S.C. 1915(a). This court may dismiss a case at any time, if the court determines the case is frivolous. See 28 U.S.C. 1915(e)(2). Within 35 days after the date of this order, appellant must: (1) file a motion to dismiss this appeal, see Fed. R. App. P. 42(b), or (2) file a statement explaining why the appeal is not frivolous and should go forward. If appellant files a statement that the appeal should go forward, appellant also must: (1) file in this court a motion to proceed in forma pauperis, OR (2) pay to the district court $505.00 for the filing and docketing fees for this appeal AND file in this court proof that the $505.00 was paid. If appellant does not respond to this order, the Clerk will dismiss this appeal for failure to prosecute, without further notice. See 9th Cir. R. 42-1. If appellant files a motion to dismiss the appeal, the Clerk will dismiss this appeal, pursuant to Federal Rule of Appellate Procedure 42(b). If appellant submits any response to this order other than a motion to dismiss the appeal, the court may dismiss this appeal as frivolous, without further notice. If the court dismisses the appeal as frivolous, this appeal may be counted as a strike under 28 U.S.C. 1915(g). The briefing schedule for this appeal is stayed. The Clerk shall serve on appellant: (1) a form motion to voluntarily dismiss the appeal, (2) a form statement that the appeal should go forward, and (3) a Form 4 financial affidavit. Appellant may use the enclosed forms for any motion to dismiss the appeal, statement that the appeal should go forward, and/or motion to proceed in forma pauperis. [12399511] (CKP) [Entered: 03/18/2022 02:51 PM] |
| Filing 4 Received copy of District Court order filed on 03/16/2022 ORDER. This matter is referred to the Court for the limited purpose of determining whether in forma pauperis status should continue on appeal. (ECF No. 21.) The Court certifies that any in forma pauperis appeal from its dispositive order would be frivolous or would not be taken in good faith pursuant to 28 U.S.C. 1915(a)(3). Durands in forma pauperis status should thus be revoked on appeal. See Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (finding revocation of in forma pauperis status is appropriate where the district court finds the appeal to be frivolous). The Clerk of Court is directed to transmit a copy of this order to the Court of Appeals and then terminate the referral notice (ECF No. 21). [12398153] (RL) [Entered: 03/17/2022 02:45 PM] |
| Filing 3 Filed referral notice (Deputy Clerk:CKP): Referring to the district court for determination whether in forma pauperis status should continue for this appeal. [12394199] (CKP) [Entered: 03/14/2022 03:11 PM] |
| Filing 2 Filed Appellant Roberto Durand application to proceed in forma pauperis for inmate. Deficiencies: None. Served on 03/11/2022. [12393998] (RL) [Entered: 03/14/2022 01:59 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT AND NO APPEARANCE FOR APPELLEE. SEND MQ: No. The schedule is set as follows: Appellant Roberto Durand opening brief due 05/11/2022. [12391728] (RT) [Entered: 03/10/2022 01:33 PM] |
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| Plaintiff / appellant: ROBERTO DURAND | |
| Represented By: | Roberto Durand |
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| Defendant / appellee: LISA M. CLARK | |
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