Hunter v. Fetch et al

Filing 74

ORDER signed by District Judge Morrison C. England, Jr on 5/31/2019 ORDERING that Plaintiff's in forma pauperis status is REVOKED. (cc: USCA) (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID SAMPSON HUNTER,

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No. 18-cv-01751-MCE-KJN

Plaintiff,
v.

ORDER

CAROLYN FETCH, et al.,
Defendants.

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On February 19, 2019, the Court dismissed this action without further leave to

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amend. (ECF No. 49.) On March 18, 2019, Plaintiff, who had proceeded without

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counsel and in forma pauperis in the district court, filed a notice of appeal. (ECF No.

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67.) Thereafter, on May 30, 2019, the Ninth Circuit Court of Appeals referred this matter

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to the district court for the limited purpose of determining whether in forma pauperis

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status should continue for the appeal, or whether the appeal is frivolous or taken in bad

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faith. (ECF No. 72.)

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

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

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(9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445).

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For the reasons stated in the September 27, 2018 findings and recommendations

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(see ECF No. 24), adopted by the district judge on February 19, 2019 (ECF No. 49), the

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Court finds that the instant appeal is frivolous. The Court thus certifies that Plaintiff’s

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appeal is not taken in good faith, and concludes that Plaintiff’s in forma pauperis status

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should not continue 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

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on the Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: May 31, 2019

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