Lena v. People of the State of California et al
ORDER Finding Appeal not Taken in Good Faith signed by Chief Judge Lawrence J. O'Neill on 07/14/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL ANGELO LENA,
Case No. 1:16-cv-01036-LJO-SKO (PC)
Appeal No. 17-16367
ORDER FINDING APPEAL NOT TAKEN
IN GOOD FAITH
PEOPLE OF THE STATE OF
CALIFORNIA, et al.,
Plaintiff, Michael Angelo Lena, is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action which he filed pursuant to 42 U.S.C. § 1983. On June 1, 2017,
the Court dismissed the action and judgment was entered that same day. (Docs. 20, 21.) Plaintiff
filed a notice of appeal on June 19, 2017, (Doc. 22) and on July 12, 2017, the United States Court
of Appeals for the Ninth Circuit referred the matter to this court for a determination, under
Federal Rule of Appellate Procedure 24(a)(3)(A), whether the appeal is frivolous or taken in bad
faith (Doc. 25).
An appeal is taken in good faith if the appellant seeks review of any issue that is not
frivolous. Gardner v. Pogue, 558 F.2d 548, 550-51 (9th Cir. 1977) (citing Coppedge v. United
States, 369 U.S. 438, 445, 82 S.Ct. 917 (1962); see also Hooker v. American Airlines, 302 F.3d
1091, 1092 (9th Cir. 2002) (if at least one issue or claim is non-frivolous, the appeal must proceed
in forma pauperis as a whole). The request of an indigent for leave to appeal in forma pauperis
must be allowed unless “the issues raised are so frivolous that the appeal would be dismissed in
the case of a non-indigent litigant.” Ellis v. United States, 356 U.S. 674, 675 (1958).
The Court dismissed this action on the ground that, after multiple opportunities to file an
amended complaint or notify the court of his desire to proceed on claims found cognizable and
provide identifying information against Doe defendants, Plaintiff failed to do either. (Doc. 20.)
Plaintiff does not identify any legitimate grounds for appeal. The Court can discern no basis for
Plaintiff’s appeal other than his mere disagreement with the order that screened his Complaint
and gave him leave to amend or to proceed on the claims found cognizable, which does not
suffice to demonstrate good faith.
Pursuant to Fed. R. App. P. 24(a)(3)(A), the Court finds that the appeal was not
taken in good faith; and
Pursuant to Fed. R. App. P. 24(a)(4)(B), the Clerk of the Court shall serve this
order on Plaintiff and the Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED.
/s/ Lawrence J. O’Neill _____
July 14, 2017
UNITED STATES CHIEF DISTRICT JUDGE
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