Duerst v. Placer Court et al

Filing 17

ORDER signed by Judge Garland E. Burrell, Jr. on 1/9/2015 ORDERING that the court certifies that plaintiff's appeal is not taken in good faith. (cc: USCA) (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RYAN J. DUERST,

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No. 2:14-cv-1774 GEB AC PS

Plaintiff,
v.

ORDER

PLACER COURT, ET AL.,
Defendants.

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On December 4, 2014, this court dismissed plaintiff’s lawsuit without leave to amend, and

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entered judgment. ECF Nos. 9 & 10. On December 22, 2014, this court denied plaintiff’s motion

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to alter or amend the judgment. ECF No. 13. Plaintiff has filed a notice of appeal (ECF No. 14),

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and the Ninth Circuit has referred the matter back to this court “for the limited purpose of

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determining whether in forma pauperis status should continue for this appeal or whether the

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appeal is frivolous or taken in bad faith.” ECF No. 16 (citing 28 U.S.C. § 1915(a)(3) and Hooker

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v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is

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appropriate where district court finds the appeal to be frivolous)).

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Plaintiff complains about orders entered against him in state Superior Court, including

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orders for child support and spousal support. He argues that the orders were wrong, and caused

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him to lose his home. The lawsuit was dismissed because he principally sued judicial officers for

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their judicial acts.1 See, e.g., Stump v. Sparkman, 435 U.S. 349, 355-56 (1978). This court is

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aware of no good-faith, non-frivolous basis for an appeal of this ruling, as the complaint contains

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only complaints about the judicial actions of judicial officers. No other basis for relief is alleged.

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See Ellis v. U.S., 356 U.S. 674, 675 (1958) (“In the absence of some evident improper motive, the

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applicant's good faith is established by the presentation of any issue that is not plainly frivolous”).

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Accordingly, pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3)(A), the

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court certifies that plaintiff’s appeal is not taken in good faith.

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Dated: January 9, 2015

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Although plaintiff also named non-judicial officers, he made no allegations against them.

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