1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

RICHARD POWELL, Dist. Case No. 2:20-cv-00730-KJD-DJA Appellate Case No. 22-15125 5 Plaintiff, 6 ORDER 7| STATE OF NEVADA, et al., 8 Defendants. ? On January 27, 2022, the Ninth Circuit Court of Appeals referred this matter to this Court 10 | for the limited purpose of determining whether in forma pauperis status should be continued for the appeal or whether the appeal is frivolous or taken in bad faith. See

(a)(3); 12 see also Hooker v. American Airlines,

(9th Cir. 2002) (revocation of forma 13 pauperis status is appropriate where district court finds the appeal to be frivolous). 14 Here, the Court noted that Plaintiff had failed to state a colorable equal protection claim because he had not identified a similarly situated group from which he was treated differently. 16) The Court then allowed Plaintiff to amend his complaint to do so. Instead of naming a similarly situated group from which he was treated differently, Plaintiff's amended complaint asserts that 18 | he is a class of one with a novel claim. However, he failed to name a similarly situated group that 19 | he was treated differently than as required by Village of Willowbrook v. Olech,

, 564-65 (2000). Accordingly, the Court finds that Plaintiffs appeal is frivolous and that in forma 21 pauperis status is revoked. The Clerk of the Court shall forward a copy of this order to the Ninth 22) Circuit Court of Appeals. IT IS SO ORDERED. Dated this 4th day of February, 2022. 25 26 pt Kent J. Dawson 27 United States District Judge 28