Steiner v. Verizon Wireless

Filing 46

ORDER signed by Magistrate Judge Kendall J. Newman on 6/16/14 ORDERING that Plaintiff's motion to proceed in forma pauperis on appeal (ECF No. 44) 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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MABLE STEINER,

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Plaintiff,

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No. 2:13-cv-1457-KJN PS

v.

ORDER

VERIZON WIRELESS,

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Defendant.

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On May 14, 2014, the court granted defendant Verizon Wireless’s motion to dismiss

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plaintiff Mable Steiner’s fifth amended complaint, and dismissed the action with prejudice. (ECF

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No. 40.) Thereafter, on June 12, 2014, plaintiff filed a notice of appeal (ECF No. 43), as well as a

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motion to proceed in forma pauperis on appeal. (ECF No. 44.)
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 court’s May 14, 2014 order, the court finds that the instant

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appeal is frivolous. Despite having been provided with fair notice of the deficiencies of her

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claims and several opportunities to amend her complaint, plaintiff failed to state a claim upon

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which relief could be granted. 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. 44) 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 16, 2014

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