Cahill v. Bank of America, NA

Filing 58

ORDER signed by Judge Morrison C. England, Jr on 9/17/12 ORDERING that the Clerk is directed to notify the Ninth Circuit Court of Appeals that the court certifies that plaintiff's appeal is not taken in good faith, and she must therefore seek further authorization from the Court of Appeals to obtain leave to proceed in forma pauperis on appeal. (Kastilahn, A) (cc: USCA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIANE CAHILL,

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No. 2:11-cv-01688-MCE-JFM

Plaintiff,
vs.

ORDER

BANK OF AMERICA, NA, et al.,
Defendants.

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Plaintiff proceeds pro se with this lawsuit challenging

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foreclosure of her real property.

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dismissed Plaintiff’s federal claims without leave to amend for

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plaintiff’s failure to state a claim and dismissed Plaintiff’s

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state law claims for lack of subject-matter jurisdiction.

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Plaintiff has filed a notice of appeal, and the Ninth Circuit has

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asked the Court to determine whether plaintiff’s in forma

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pauperis status should continue for the appeal or should be

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revoked because the appeal is frivolous or taken in bad faith.

On August 22, 2012, this court

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ECF No. 56.

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appeal frivolous and, accordingly, revokes plaintiff’s in forma

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pauperis status.

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For the following reasons, the Court finds the

Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be

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taken in forma pauperis if the trial court certifies in writing

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that it is not taken in good faith.”

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an objective one.

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445 (1962).

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The good faith standard is

See Coppedge v. United States, 369 U.S. 438,

A plaintiff satisfies the “good faith” requirement if he or

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she seeks review of any issue that is “not frivolous.”

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Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (quoting

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Coppedge, 369 U.S. at 445).

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frivolous if it lacks any arguable basis in law or fact.

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Neitzke v. Williams, 490 U.S. 319, 325, 327 (1989).

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reasons stated in the magistrate judge’s June 29, 2012, Findings

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and Recommendations, which were adopted by this Court on

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August 22, 2012, this Court now holds that the instant Complaint

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is frivolous.

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is not taken in good faith.

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For purposes of § 1915, an appeal is

For those

The Court thus certifies that Plaintiff’s appeal

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Accordingly, it is hereby ORDERED that the Clerk of Court is

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directed to notify the Ninth Circuit Court of Appeals that the

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court certifies, pursuant to Rule 24(a)(3)(A) of the Federal

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Rules of Appellate Procedure, that plaintiff’s appeal is not

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taken in good faith, and she must therefore seek further

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authorization from the Court of Appeals pursuant to Rule 24(a)(5)

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to obtain leave to proceed in forma pauperis on appeal.

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IT IS SO ORDERED.
Dated: September 17, 2012

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_____________________________
MORRISON C. ENGLAND, JR.

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UNITED STATES DISTRICT JUDGE
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