Perez v. State of California

Filing 40

ORDER signed by District Judge John A. Mendez on 4/26/2018 REVOKING Plaintiff's in forma pauperis status. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN VALDEZ PEREZ,

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No. 2:17-cv-0221 JAM KJN P

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, COURT OF
APPEAL,
Defendants.

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Plaintiff, a former juvenile detained in the California Youth Authority, is proceeding pro

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se. Judgment was entered in this action on March 19, 2018. On April 5, 2018, plaintiff filed a

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notice of appeal. On April 12, 2018, the Ninth Circuit Court of Appeals referred this matter to

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this court for the limited purpose of determining whether in forma pauperis status should continue

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for this appeal or whether the appeal is frivolous or taken in bad faith.

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Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the

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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, and good faith is demonstrated when an individual “seeks appellate review of any

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issue not frivolous.” See Coppedge v. United States, 369 U.S. 438, 445 (1962).

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For purposes of 28 U.S.C. § 1915, an appeal is frivolous if it lacks any arguable basis in
law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
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After review of the record herein, the court finds that plaintiff’s appeal is not taken in

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good faith. Accordingly, IT IS HEREBY ORDERED that plaintiff’s in forma pauperis status

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(ECF No. 27) is revoked.

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DATED: April 26, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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