Jandrejack v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 12/5/2018 GRANTING 21 Motion to Proceed IFP on Appeal. The Clerk is directed to serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JANET JANDREJACK,

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No. 2:17-cv-1455-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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On October 5, 2018, the court affirmed the final decision of the Commissioner and

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entered judgment for the Commissioner. (ECF Nos. 18, 19.) Thereafter, on December 4, 2018,

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plaintiff filed a notice of appeal, along with a motion to proceed in forma pauperis on appeal.

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(ECF Nos. 20, 21.)

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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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Based on the present record, the court cannot find that plaintiff’s appeal is frivolous or not
taken in 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. 21) 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: December 5, 2018

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