Vivian v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/2017 GRANTING 25 Motion to Proceed IFP. (cc USCA)(Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN EARL VIVIAN,

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No. 2:16-cv-227-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On April 17, 2017, the court affirmed the final decision of the Commissioner of Social

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Security denying plaintiff disability benefits and entered final judgment. (ECF Nos. 21, 22.) On

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June 15, 2017, plaintiff filed a notice of appeal. (ECF No. 23.) Thereafter, on June 17, 2017,

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plaintiff also filed a motion to proceed in forma pauperis on appeal. (ECF No. 25.)

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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). 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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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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Although plaintiff was previously denied in forma pauperis status in the district court, his

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recent motion to proceed in forma pauperis on appeal suggests that he presently has lower income

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than previously. Additionally, the court cannot find that the appeal is frivolous or not taken in

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good faith.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to proceed in forma pauperis on appeal (ECF No. 25) 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.
IT IS SO ORDERED.
Dated: June 20, 2017

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