Henderson v. Lewis

United States District Court for the Northern District of California

Henderson v. Lewis

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DARREN HENDERSON, Case No. 17-cv-06977-HSG 8 Plaintiff, ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON 9 v. APPEAL 10 J. LEWIS, et al., Re: Dkt. No. 67 11 Defendants. 12

Plaintiff, a California prisoner, filed this pro se civil rights action pursuant to

42 U.S.C. § 14

|} 1983. Now pending before the Court is plaintiff's motion requesting leave to proceed in forma 3 15 || pauperis on appeal. The Court has already denied plaintiff leave to proceed in forma pauperis on a 16 || appeal on the grounds that the appeal is frivolous. See Dkt. No. 66 (citing

28 U.S.C. § 1915

(a)(3); 3 17 || Hooker v. American Airlines,

302 F.3d 1091, 1092

(9th Cir. 2002)). The pending motion appears 18 || to be a copy of the initial motion requesting leave to proceed in forma pauperis on appeal (Dkt. 19 || No. 63), but with a prison trust account statement attached. Plaintiff's second request for leave to 20 || proceed in forma pauperis on appeal is therefore DENIED for the same reasons as the initial 21 || request was denied. See Dkt. No. 66. 22 This order terminates Dkt. No 67. This case remains closed. The Clerk shall transmit a 23 || copy of this order to the Court of Appeals. 24 IT IS SO ORDERED. 25 || Dated: 10/10/2019

HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28

Reference

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