Muhammad v. Privat

United States District Court for the Northern District of California

Muhammad v. Privat

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES KARIM MUHAMMAD, Case No. 18-cv-03601-JD 8 Plaintiff, ORDER TERMINATING IFP STATUS 9 v. 10 CARLOS A. PRIVAT, et al., ll Defendants. 12 In Muhammad’s pending appeal, the Ninth Circuit made a limited referral to this Court to 13 || determine whether a prior grant of in forma pauperis (“IFP”) status should continue, or whether 14 || the appeal is frivolous and taken in bad faith.

28 U.S.C. § 1915

(e)(2); Coppedge v. United States, 3 15 ||

369 U.S. 438, 445

(1962). a 16 Muhammad is not entitled to continued IFP status on appeal. His original federal claims 3 17 || were dismissed because they lacked any arguable legal or factual basis. Dkt. No. 13. His request 18 || for reconsideration of the dismissal on the ground that the presiding judge was racially biased 19 || against him was denied on the same grounds. Dkt. No. 25. The appeal raises essentially the same 20 || frivolous issues and was taken in bad faith. Consequently, his IFP status is terminated. 21 The Clerk of the Court is requested to serve a copy of this order on plaintiff and the Ninth 22 || Circuit. 23 IT IS SO ORDERED. 24 || Dated: September 20, 2019 25 26 JAMES MONATO 27 United #tates District Judge 28

Reference

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