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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUBY BRADLEY, 12 13 14 15 16 17 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. 18 19 Plaintiff is proceeding pro se in this action. Therefore, the matter was referred to the 20 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On September 21 18, 2017, the assigned District Judge adopted in full the undersigned’s findings and 22 recommendations recommending that defendant’s motion for summary judgment be granted. 23 (ECF No. 77.) On October 11, 2017, plaintiff filed a notice of appeal. (ECF No. 80.) On 24 October 30, 2017, plaintiff filed a motion to proceed in forma puaperis on appeal. (ECF No. 83.) 25 Federal Rule of Appellate Procedure 24 provides that “a party to a district-court action 26 who desires to appeal in forma pauperis must file a motion in the district court.” Fed. R. App. P. 27 24(a)(1). “An appeal may not be taken in forma pauperis if the trial court certifies in writing that 28 it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if the 1 1 appeal “seeks review of any issue that is ‘not frivolous.’” Gardner v. Pogue, 558 F.2d 548, 550- 2 51 (9th Cir. 1977) (quoting Coppedge v. United States, 369 U.S. 438, 445 (1962)); see also 3 Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“We hold that Hooker is 4 entitled to in forma pauperis status for this appeal in toto because the district court found portions 5 of the appeal to be taken in good faith.”). An action is frivolous “where it lacks an arguable basis 6 either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). In other words, the term 7 “frivolous”, as used in § 1915 and when applied to a complaint, “embraces not only the 8 inarguable legal conclusion, but also the fanciful factual allegation.” Id. 9 10 11 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 12 proceed in forma pauperis on appeal (ECF No. 83) is granted. 13 Dated: November 17, 2017 14 15 16 17 18 19 20 21 22 23 DLB:6 DB/orders/ se/ 24 25 26 27 28 2

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