1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 AIMEE LYNN O’NEIL, ) 4 ) Plaintiff, ) Case No.: 2:20-cv-01203-GMN-VCF 5 vs. ) ) App. No. 20-17487 6 STATE OF NEW YORK, ) 7 ) ORDER Defendant. ) 8 ) 9 Before the Court is the Referral Notice, (ECF No. 14), of the United States Court of 10 Appeals for the Ninth Circuit, which requests this Court to determine “whether [Plaintiff’s] in 11 forma pauperis status should continue for this appeal . . . .” For the reasons discussed below, 12 the Court REVOKES Plaintiff Aimee O’Neil’s (“Plaintiff’s”) in forma pauperis status. 13 Under

(a)(3), an appellant may have his in forma pauperis status 14 revoked on appeal “if the trial court certifies in writing that [the appeal] is not taken in good 15 faith.” Revocation is also appropriate where the appeal is wholly frivolous. See Hooker v. 16 American Airlines,

(9th Cir. 2002). 17 Here, the Complaint asserts that the State of New York hired men to harass and spy on 18 Plaintiff. (See Compl. at 5, ECF No. 5). The Court has previously characterized Plaintiff’s 19 allegations as frivolous. (Screening Order at 4:23–5:3, ECF No. 4); (Report and 20 Recommendation 1:18–2:9, ECF No. 6); (Order Adopting Report and Recommendation, ECF 21 No. 10). Even if Plaintiff’s allegations had factual merit, the State of New York is not 22 amenable to suit because it has not waived its sovereign immunity guaranteed by the Eleventh 23 Amendment to the United States Constitution. See Alabama v. Pugh,

(1978). 24 Therefore, given that Plaintiff’s present appeal is frivolous, the Court revokes Plaintiff’s in 25 forma pauperis status on appeal. 1 Accordingly, 2 IT IS HEREBY ORDERED that the Court REVOKES Plaintiff’s in forma pauperis 3 status for the purpose of her pending appeal. 4 IT IS FURTHER ORDERED that the Clerk’s Office shall provide the Circuit with a 5 copy of this Order. 6 Dated this _7__ day of January, 2021. 7 8 9 ___________________________________ Gloria M. Navarro, District Judge 10 UNITED STATES DISTRICT COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25