Smith v. Langford et al

Filing 27

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/14/15 GRANTING 24 Motion to Proceed IFP. The Clerk of Court is DIRECTED to serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY THOMAS SMITH,

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Plaintiff,

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No. 2:14-cv-1916 JAM GGH PS

v.

ORDER

MATTHEW LANGFORD, et al.,

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Defendants.

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Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to Local

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Rule 302(c)(21).
On July 9, 2015 the district court adopted this court’s findings and recommendations,

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granted the motions to dismiss filed by defendants, and entered judgment. (ECF Nos. 21, 22.)

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Thereafter, on August 6, 2015, plaintiff filed a notice of appeal as well as a motion to proceed in

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forma pauperis on appeal.1 (ECF Nos. 23, 24.)
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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Plaintiff had paid the initial filing fee on opening this action.
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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 May 27, 2015 findings and recommendations (see ECF No.

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18), adopted by the district judge on July 9, 2015 (ECF No. 21), the court finds that the instant

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appeal is not frivolous in regard to the impoundment of plaintiff’s vehicle. The court thus

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certifies that plaintiff’s appeal is taken in good faith on that issue.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs’ motion to proceed in forma pauperis on appeal (ECF No. 24) is GRANTED.

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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.

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Dated: August 14, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Smith1916.ifp-app

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