revocation of in forma pauperis status 27 appropriate where district court finds the appeal to be frivolous
How later courts described this case
- revocation of in forma pauperis status 27 appropriate where district court finds the appeal to be frivolous
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 FRANK MARTINEZ RAMIREZ, No. 2:18-cv-01835-MCE-DB
12 Plaintiff,
13 v. ORDER
14 JERRY BROWN et al.,
15 Defendants.
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17 On February 5, 2020, the Court dismissed this action without further leave to
18 amend. (ECF Nos. 58, 59.) On February 10, 2020, Plaintiff, who had proceeded without
19 counsel and in forma pauperis in the district court, filed a notice of appeal. (ECF No.
20 60.) Thereafter, on March 9, 2020, the Ninth Circuit Court of Appeals referred this
21 matter to the district court for the limited purpose of determining whether in forma
22 pauperis status should continue for the appeal, or whether the appeal is frivolous or
23 taken in bad faith. (ECF No. 65.)
24 “An appeal may not be taken in forma pauperis if the trial court certifies in writing
25 that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. Am.
26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status
27 appropriate where district court finds the appeal to be frivolous). The good faith
28 standard under 28 U.S.C. § 1915 is an objective one. Coppedge v. United States,
1 | 369 U.S. 438, 445 (1962). A plaintiff satisfies the “good faith” requirement if he or she
2 | seeks review of any issue that is “not frivolous.” Gardner v. Pogue, 558 F.2d 548, 551
3 | (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445).
4 For the reasons stated in the November 13, 2019 findings and recommendations
5 | (see ECF No. 55), adopted by the district judge on February 5, 2020 (ECF No. 58), the
6 | Court finds that the instant appeal is frivolous. The Court thus certifies that Plaintiff's
7 | appeal is not taken in good faith, and concludes that Plaintiff's in forma pauperis status
8 | should not continue for purposes of the appeal.
9 Accordingly, IT IS HEREBY ORDERED that:
10 1. Plaintiff's in forma pauperis status is REVOKED.
11 2. The Clerk of Court is directed to serve a copy of this Order on Plaintiff and
12 | on the Ninth Circuit Court of Appeals.
13 IT |S SO ORDERED.
14 | Dated: March 16, 2020
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UNITED STATES DISTRI
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