ELRIC SHELBY v. DOUGHERTY (2017)

United States Court of Appeals, Ninth Circuit.

ELRIC V. SHELBY, Plaintiff-Appellant, v. DOUGHERTY, Sgt.; et al., Defendants-Appellees.

No. 17-35276

Decided: June 14, 2017

Before: THOMAS, Chief Judge, CANBY and MURGUIA, Circuit Judges.

ORDER

The district court certified that any appeal would not taken in good faith and revoked appellant's in forma pauperis status. See 28 U.S.C. § 1915(a). On March 31, 2017, the court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. § 1915(e)(2) (court shall dismiss case at any time, if court determines it is frivolous or malicious).

Upon a review of the record and responses to the court's March 31, 2017 order, we conclude this appeal is frivolous. We therefore deny appellant's motion to proceed in forma pauperis (Docket Entry No. 2) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. § 1915(e)(2).

All other pending motions are denied as moot.

DISMISSED.

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