Bradley v. Miller et al

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 1/30/2018 ORDERING Plaintiff's in forma pauperis status is REVOKED. The Clerk of Court is directed to serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals. (cc: Ninth Circuit Court of Appeals) (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LAWRENCE
BRADLEY,
Plaintiff,

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No. 2:17-cv-1834-MCE-KJN PS

ORDER
v.
JEFFREY MILLER, et al.,
Defendants.

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On December 6, 2017, the court dismissed this action with prejudice. (ECF Nos. 12, 13.)

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On January 3, 2018, plaintiff, who had proceeded without counsel and in forma pauperis in the

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district court, filed a notice of appeal. (ECF No. 17.) Thereafter, on January 26, 2018, the Ninth

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Circuit Court of Appeals referred this matter to the district court for the limited purpose of

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determining whether in forma pauperis status should continue for the appeal, or whether the

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appeal is frivolous or taken in bad faith. (ECF No. 22.)

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“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it

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is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302

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F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status appropriate where district

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court finds the appeal to be frivolous). The good faith standard under 28 U.S.C. § 1915 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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For the reasons stated in the November 8, 2017 findings and recommendations (see ECF

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No. 8), adopted by the district judge on December 6, 2017 (ECF No. 12), the court finds that the

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instant appeal is frivolous. The court thus certifies that plaintiff’s appeal is not taken in good

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faith, and concludes that plaintiff’s in forma pauperis status should not continue for purposes of

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the appeal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s in forma pauperis status is REVOKED.

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2. The Clerk of Court is directed to serve a copy of this order on plaintiff and on the
Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: January 30, 2018

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