Shehee v. Mims et al

Filing 10

ORDER Denying 7 Motion to Proceed in Forma Pauperis on Appeal, signed by District Judge Anthony W. Ishii on 4/21/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,
Plaintiff,

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Case No. 1:15-cv-00428 AWI DLB PC
ORDER DENYING MOTION TO PROCEED
IN FORMA PAUPERIS ON APPEAL

v.
(ECF No. 7)

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SHERIFF MIMS, et al.,
Defendants.

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_____________________________________/

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Plaintiff Gregory Ell Shehee, a state prisoner proceeding pro se, filed this civil rights

18 action pursuant to 42 U.S.C. § 1983 on March 19, 2015. On April 1, 2015, the Court noted that
19 Plaintiff has suffered three or more prior dismissals which qualify as final strikes under 28 U.S.C.
20 § 1915(g).

Accordingly, the Court dismissed the complaint without prejudice to refiling the

21 action with payment of the filing fee. On April 10, 2015, Plaintiff filed a notice of appeal along
22 with a motion to proceed in forma pauperis.
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An appeal is taken in good faith if the appellant seeks review of any issue that is not

24 frivolous. Gardner v. Pogue, 558 F.2d 548, 550-51 (9th Cir. 1977); see also Hooker v. American
25 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (if at least one issue or claim is non-frivolous, the
26 appeal must proceed in forma pauperis as a whole). In this case, the Court finds that the appeal is
27 frivolous and not taken in good faith.
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Accordingly, the Court HEREBY ORDERS that Plaintiff’s motion to proceed in forma

2 pauperis on appeal is DENIED.
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IT IS SO ORDERED.

5 Dated: April 21, 2015

SENIOR DISTRICT JUDGE

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