Zochlinski v. Regents of the University of California, et al

Filing 102

ORDER signed by Magistrate Judge Kendall J. Newman on 6/1/16 ORDERING that Plaintiff's motion to proceed in forma pauperis on appeal (ECF No. 100 ) is DENIED; the Clerk of Court is directed to serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals. (cc USCA)(Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD ALAN ZOCHLINSKI,

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No. 2:10-cv-1824-KJM-KJN PS

Plaintiff,
v.

ORDER

REGENTS OF THE UNIVERSITY OF
CALIFORNIA, et al.,
Defendants.

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On March 30, 2016, the court granted defendants’ motion to dismiss plaintiff’s first

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amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), dismissing all of

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plaintiff’s remaining claims with prejudice. (ECF Nos. 83, 96.) Thereafter, on April 28, 2016,

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plaintiff filed a notice of appeal and, on May 25, 2016, a motion to proceed in forma pauperis on

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appeal. (ECF Nos. 98, 100.)

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Federal Rule of Appellate Procedure 24 provides that “a party to a district-court action

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who desires to appeal in forma pauperis must file a motion in the district court.” Fed. R. App. P.

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24(a)(1). Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if

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the trial court certifies in writing that it is not taken in good faith.” The good faith standard is an

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objective one. Coppedge v. United States, 369 U.S. 438, 445 (1962). A plaintiff satisfies the

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“good faith” requirement if he or she seeks review of any issue that is “not frivolous.” Gardner v.
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Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445).

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For the reasons stated in the November 4, 2015 findings and recommendations (see ECF

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No. 83), adopted by the district judge on March 30, 2016 (ECF No. 96), the court finds that the

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instant appeal is frivolous. The court thus certifies that plaintiff’s appeal is not taken in good

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faith.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis on appeal (ECF No. 100) is DENIED.

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2. The Clerk of Court is directed to serve a copy of this order on plaintiff and on the

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Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: June 1, 2016

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