Woodall v. Arizona, State of

WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 9 Nicholas Woodall, No. CV-22-00384-PHX-DLR 10 Plaintiff, ORDER 11 Vv.

State of Arizona, 13 Defendant.

15 After granting Plaintiff's application for a fee waiver (Doc. 7), the Court dismissed 16|| Plaintiff's second amended complaint (“SAC”) with prejudice (Doc. 19). Plaintiff has || appealed the dismissal to the Ninth circuit Court of Appeals (Doc. 20), and the Ninth || Cuircuit has referred the matter to this Court for the limited purpose of determining whether || Plaintiff's fee waiver should continue for his appeal or whether it should be revoked || because the appeal is frivolous or taken in bad faith. (Doc. 22.) A litigant may not proceed || with an appeal on a fee waiver if it is taken in bad faith or is frivolous. See 28 U.S.C. § 1915(a)(3); Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The Court finds that Plaintiffs appeal is frivolous, as Plaintiff cannot sue the State of Arizona for || damages stemming from alleged constitutional violations because the State is not a person || under 42 U.S.C. § 1983. Accordingly, 26 IT IS ORDERED that Plaintiff's fee waiver is revoked.

7 Dated this 19th day of July, 2022.

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