Bradley v. County of Sacramento Department of Human Assistance of Northern California Welfare Division et al

Filing 85

ORDER signed by Magistrate Judge Deborah Barnes on 11/17/2017 GRANTING 83 Motion to Proceed IFP. (Hunt, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUBY BRADLEY,

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No. 2:13-cv-2420 TLN DB PS

Plaintiff,
v.
COUNTY OF SACRAMENTO
DEPARTMENT OF HUMAN
ASSISTANCE OF NORTHERN
CALIFORNIA WELFARE DIVISION, et
al.,

ORDER

Defendants.

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Plaintiff is proceeding pro se in this action. Therefore, the matter was referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On September

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18, 2017, the assigned District Judge adopted in full the undersigned’s findings and

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recommendations recommending that defendant’s motion for summary judgment be granted.

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(ECF No. 77.) On October 11, 2017, plaintiff filed a notice of appeal. (ECF No. 80.) On

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October 30, 2017, plaintiff filed a motion to proceed in forma puaperis on appeal. (ECF No. 83.)

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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). “An appeal may not be taken in forma pauperis if the trial court certifies in writing that

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it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if the
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appeal “seeks review of any issue that is ‘not frivolous.’” Gardner v. Pogue, 558 F.2d 548, 550-

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51 (9th Cir. 1977) (quoting Coppedge v. United States, 369 U.S. 438, 445 (1962)); see also

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Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“We hold that Hooker is

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entitled to in forma pauperis status for this appeal in toto because the district court found portions

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of the appeal to be taken in good faith.”). An action is frivolous “where it lacks an arguable basis

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either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). In other words, the term

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“frivolous”, as used in § 1915 and when applied to a complaint, “embraces not only the

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inarguable legal conclusion, but also the fanciful factual allegation.” Id.

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Here, the undersigned finds that plaintiff’s appeal seeks review of an issue that is not
frivolous.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 30, 2017 motion to

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proceed in forma pauperis on appeal (ECF No. 83) is granted.

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Dated: November 17, 2017

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DLB:6
DB/orders/orders.pro se/bradley2420.ifp.app.ord

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