Manalisay v. Hall
Manalisay v. Hall
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JAMES MANALISAY, Case No. 22-cv-04701-VC
Plaintiff, ORDER REVOKING IN FORMA v. PAUPERIS STATUS ON APPEAL
BOYDINE HALL, et al., Re: Dkt. Nos. 40, 43 Defendants.
The Court finds that revocation of in forma pauperis status is appropriate in this case because Manalisay’s appeal is frivolous. See
28 U.S.C. § 1915(a)(3); Hooker v. American Airlines,
302 F.3d 1091, 1092(9th Cir. 2002). As explained in the Court’s order dismissing the case with prejudice, Manalisay’s allegations—regarding constitutional violations by administrative actors associated with his child support proceedings—are nearly impenetrable. See Dkt. No. 38. He seems not to recognize the authority of administrative law judges, and he characterizes state court orders regarding his child support obligations as mere “contracts” to which he is not bound for not having assented to them. On that basis, he challenges the actions of Department of Child Support Services agents, who allegedly levied his bank accounts, investment retirement accounts, and COVID-19 stimulus checks pursuant to those court orders, as unlawful seizures under the Fourth Amendment. He also purports to bring a claim for bank fraud against his ex-wife and the mother of his child, Karen Santana, under
18 U.S.C. § 1344, a criminal statute that does not create a private right of action. The Clerk shall transmit a copy of this order to the Ninth Circuit Court of Appeals. IT IS SO ORDERED. Dated: May 19, 2023 = VINCE CHHABRIA United States District Judge
Reference
- Status
- Unknown