Saunders v. The Law Offices of Elaine Van Beveren et al
Filing
56
ORDER signed by Judge Garland E. Burrell, Jr on 3/23/2012 ORDERING plaintiff's IFP status should continue for 51 Appeal. The Clerk shall promptly transmit a copy of this order to Court of Appeals. (cc: USCA) (Waggoner, D)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
ROBERT SAUNDERS,
11
Plaintiff,
12
13
No. 2:10-cv-02559 GEB KJN PS
vs.
Court of Appeals No. 12-15578
THE COUNTY OF SACRAMENTO,
SACRAMENTO, CALIFORNIA, et al.,
14
Defendants.
ORDER
15
/
16
17
This matter is before the court on the referral of the United States Court of
18
Appeals for the Ninth Circuit for the limited purpose of determining whether in forma pauperis
19
status should continue for plaintiff’s appeal (Referral Notice, Dkt. No. 55). See 28 U.S.C.
20
§ 1915(a)(3) (“An appeal may not be taken in forma pauperis if the trial court certifies in writing
21
that it is not taken in good faith.”). The court should revoke a litigant’s in forma pauperis status
22
if an appeal is frivolous or not taken in good faith. See id.; see also Hooker v. Am. Airlines, 302
23
F.3d 1091, 1092 (9th Cir. 2002) (recognizing that revocation of in forma pauperis status is
24
appropriate where a district court finds the appeal to be frivolous). An action is frivolous if it has
25
no arguable basis in fact or law. Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984).
26
In the instant case, plaintiff’s appeal is not frivolous or taken in bad faith.
1
1
Therefore, plaintiff’s in forma pauperis status should continue for this appeal. The Clerk of this
2
court shall promptly transmit a copy of this order to the Clerk of the United States Court of
3
Appeals for the Ninth Circuit.
4
Dated: March 23, 2012
5
6
7
GARLAND E. BURRELL, JR.
United States District Judge
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?