Bryant v. National Security Industries

Filing 17

ORDER signed by Judge Garland E. Burrell, Jr. on 11/5/2014 DENYING 13 Motion to Proceed IFP on appeal; DIRECTING the Clerk of Court to serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. (cc: Ninth Circuit) (Michel, G)

1
2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7

AMIA BRYANT,

8

Plaintiff,

9
10

No. 2:14-cv-01331-GEB-CKD

v.

ORDER

NATIONAL SECURITY INDUSTRIES,

11

Defendant.

12
On

13

October

15,

2014,

Plaintiff

filed

a

notice

of

14

appeal. (ECF No. 12.) The appeal has since been processed to the

15

Ninth Circuit Court of Appeals. (ECF No. 14.) Pending before this

16

Court

17

October 21, 2014, for a determination whether in forma pauperis

18

status should continue for the appeal. (ECF 16.)

is

the

Ninth

Circuit

Court’s

referral

notice,

19

Under the Federal Rules of Appellate Procedure,

20

issued

[a] party who was permitted to proceed in
forma
pauperis
in
the
district-court
action . . . may proceed on appeal in forma
pauperis without further authorization unless
. . . the district court . . . certifies that
the appeal is not taken in good faith or
finds that the party is not otherwise
entitled to proceed in forma pauperis . . . .

21
22
23
24
25

Fed. R. App. P. 24(a)(3)(A).

26

A review of the record demonstrates that Plaintiff’s

27

appeal is frivolous and therefore not taken in good faith. See

28

e.g., Ellis v. United States, 356 U.S. 674, 674 (1958) (“[T]he
1

1

applicant’s good faith is established by the presentation of any

2

issue that is not plainly frivolous.”).

3

Therefore, Plaintiff’s request to continue to proceed

4

in

forma

pauperis

on

appeal

is

5

24(a)(3)(A). The Clerk of the Court is directed to serve the

6

United States Court of Appeals for the Ninth Circuit with a copy

7

of this order.

8

Dated:

November 5, 2014

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

denied.

See

Fed.

R.

App.

P.