Hardin v. Baughman et al

Filing 59

ORDER signed by Senior Judge Morrison C. England, Jr., on 11/18/21 REVOKING Plaintiff's in forma pauperis status. The Clerk is directed to serve a copy of this Order on Plaintiff and on the Ninth Circuit Court of Appeals.(Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LEON HARDIN, 12 13 14 15 No. 2:17-cv-01340-MCE-AC Plaintiff, ORDER v. D. BAUGHMAN, et al., Defendants. 16 17 On April 5, 2019, this action was voluntarily dismissed because the parties had 18 reached a settlement. ECF No. 32. On August 27, 2021, Plaintiff, who had proceeded 19 without counsel and in forma pauperis in the district court, filed a notice of appeal. ECF 20 No. 53. Thereafter, on November 8, 2021, the Ninth Circuit Court of Appeals referred 21 this matter to the district court for the limited purpose of determining whether in forma 22 pauperis status should continue for the appeal, or whether the appeal is frivolous or 23 taken in bad faith. ECF No. 58. 24 “An appeal may not be taken in forma pauperis if the trial court certifies in writing 25 that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American 26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status 27 appropriate where district court finds the appeal to be frivolous). The good faith 28 standard under 28 U.S.C. § 1915 is an objective one. Coppedge v. United States, 1 1 369 U.S. 438, 445 (1962). A plaintiff satisfies the “good faith” requirement if he or she 2 seeks review of any issue that is “not frivolous.” Gardner v. Pogue, 558 F.2d 548, 551 3 (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445). 4 Given the voluntary dismissal of this action and the baseless nature of Plaintiff’s 5 attempts to withdraw from his settlement, the Court finds that the instant appeal is 6 frivolous. The Court thus certifies that Plaintiff’s appeal is not taken in good faith, and 7 concludes that Plaintiff’s in forma pauperis status should not continue for purposes of the 8 appeal. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Plaintiff’s in forma pauperis status is REVOKED. 11 2. The Clerk of Court is directed to serve a copy of this Order on Plaintiff and 12 13 on the Ninth Circuit Court of Appeals. IT IS SO ORDERED. 14 15 DATED: November 18, 2021 16 17 18 19 ____________________________________ MORRISON C. ENGLAND, JR. SENIOR UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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