Jones-Rankins v. Cardinal Health Incorporated et al

Filing 35

ORDER, Plaintiff's IFP Status is revoked, the Clerk shall promptly transmit this order to the Ninth Circuit, noting appellate case number re: 13-16486 #34 USCA Order, #32 Notice of Appeal. Signed by Judge David G Campbell on 7/25/13. (REW)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Weltha J. Jones-Rankins,
Plaintiff,

10
11

ORDER

v.

12

No. CV-12-02360-PHX-DGC

Cardinal Health, Inc., et al.,
Defendants.

13
14

The Ninth Circuit has asked for this Court’s determination of whether Plaintiff’s in

15

forma pauperis (“IFP”) status should continue on appeal or whether her appeal is

16

frivolous or taken in bad faith. See Doc. 34; 28 U.S.C. § 1915(a)(3); see also Hooker v.

17

American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of IFP status is

18

appropriate where district court finds the appeal to be frivolous).

19

Under 28 U.S.C. § 1915(a)(3), an appeal is taken in “good faith” so long as it

20

seeks review of any issue that is not “frivolous.” See Coppedge v. United States, 369

21

U.S. 438, 444-45 (1962); Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977). An issue

22

is frivolous if it has “no arguable basis in fact or law.” O’Loughlin v. Doe, 920 F.2d 614,

23

617 (9th Cir. 1990).

24

The Court found Plaintiff’s claims in this case to be barred by res judicata.

25

Docs. 28, 31. For reasons stated in the Court’s orders (Docs. 28, 31), the Court views

26

this conclusion as a clearly correct, and finds that Plaintiff’s position to the contrary has

27

no arguable basis in fact or law. As a result, the Court concludes that Plaintiff’s appeal is

28

frivolous and that her IFP’s status should not continue for purposes of appeal.

1
2
3

IT IS ORDERED that Plaintiff’s IFP status is revoked.

The Clerk should

promptly transmit this order to the Ninth Circuit, noting appellate case number 13-16486.
Dated this 25th day of July, 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-