Todd v. Curtis, et. al.

Filing 12

ORDER signed by Judge Morrison C. England, Jr. on 9/20/2012. Accordingly, it is hereby ORDERED that Clerk is directed to notify 9th Circuit Court of Appeals that plaintiffs 8 Appeal is NOT taken in good faith. Therefore, he must seek further authorization from Court of Appeals pursuant to Rule 24(a)(5) to obtain leave to proceed In Forma Pauperis on Appeal. [cc: USCA - 9th Circuit] (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEREK TODD,

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Plaintiff,

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No. 2:12-cv-01323-MCE-EFB

vs.

ORDER

RICHARD CURTIS, Placer County
Superior Court Judge; PLACER
COUNTY SUPERIOR COURT,

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Defendants.

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Plaintiff proceeds pro se with this civil rights lawsuit

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under 42 U.S.C. § 1983.

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the case without leave to amend for plaintiff’s failure to state

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a claim and for lack of subject-matter jurisdiction.

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

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Court to determine whether plaintiff’s in forma pauperis status

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should continue for the appeal or should be revoked because the

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appeal is frivolous or taken in bad faith.

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On August 7, 2012, this court dismissed

Plaintiff

ECF No. 11.

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For the following reasons, the Court finds the appeal frivolous

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and, accordingly, revokes plaintiff’s in forma pauperis status.

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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
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 May 29, 2012, Findings

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and Recommendations, which were adopted by this Court on

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August 7, 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 he 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.

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Dated: September 20, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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