Sekona v. Brandley, et al.

Filing 27

ORDER signed by District Judge Morrison C. England, Jr. on 07/18/19 REVOKING plaintiff's IFP status (cc: UISCA). (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ETUATE SEKONA,

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No. 2:17-cv-2484-MCE-CKD-P

Plaintiff,

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v.

ORDER

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OFFICER BRADLEY, et al.,

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Defendant.

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On June 14, 2019, the Court dismissed this action without further leave to amend.

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ECF No. 21. On July 8, 2019, Plaintiff, who had proceeded without counsel and in forma

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pauperis in the District Court, filed a Notice of Appeal. ECF No. 23. Thereafter, on July

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11, 2019, the Ninth Circuit Court of Appeals referred this matter to the District Court for

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

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the appeal, or whether the appeal is frivolous or taken in bad faith. ECF No. 25.

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

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

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status

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appropriate where district court finds the appeal to be frivolous). The good faith

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standard under 28 U.S.C. § 1915 is an objective one. Coppedge v. United States, 369

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U.S. 438, 445 (1962). A plaintiff satisfies the “good faith” requirement if he or she seeks

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review of any issue that is “not frivolous.” Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir.

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1977) (quoting Coppedge, 369 U.S. at 445).

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For the reasons stated in the April 18, 2019 Findings and Recommendations (see

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ECF No. 19), adopted by this Court on June 14, 2019 (ECF No. 21), the Court finds that

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the instant appeal is frivolous. The Court thus certifies that Plaintiff’s appeal is not taken

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in good faith, and concludes that Plaintiff’s in forma pauperis status should not continue

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for purposes of 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

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the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.

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Dated: July 18, 2019

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