Chavez et al v. County of Santa Clara

Filing 123

Order by Magistrate Judge Robert M. Illman denying 121 Motion for Leave to Appeal in forma pauperis. The court finds that this appeal is frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3). The Clerk of Court shall forward a copy of this order to the Court of Appeals. (rmilc2S, COURT STAFF) (Filed on 9/9/2021)

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Case 1:15-cv-05277-RMI Document 123 Filed 09/09/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 BRIAN CHAVEZ, et al., 9 Plaintiffs, v. 10 United States District Court Northern District of California 11 COUNTY OF SANTA CLARA, Defendant. 12 Case No. 15-cv-05277-RMI ORDER DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS Re: Dkt. No. 121 13 Now pending before the court is an application filed by Mr. Howard Herships seeking 14 15 leave to appeal in forma pauperis (dkt. 121). Mr. Herships recently moved to intervene, pro se, in 16 this settled class action case (dkt. 117). He also filed a Motion for Civil Contempt (dkt. 116) 17 against Defendant County of Santa Clara. The court denied the motions because he is currently 18 represented by class counsel in this case, and also due to the fact that the contentions underling his 19 Motion to Intervene (dkt. 117) are fully embodied in a separate lawsuit that he has filed, and that is 20 currently pending, before another judge of this court. See Herships v. Smith et al., Case No. 3:20- 21 cv-07208-JD, Amend. Compl. (dkt. 14) at 3-4, 13, 14, 31, 33. For the reasons stated in the Order 22 denying Mr. Herships leave to intervene in this case (dkt. 119), the court now finds that this appeal 23 is frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be taken 24 in forma pauperis if the trial court certifies in writing that it is not taken in good faith.”). 25 Accordingly, Mr. Herships’ Motion for Leave to Appeal in forma pauperis is DENIED. If he so 26 chooses, Mr. Herships may seek pauper status directly from the Ninth Circuit Court of Appeals. 27 The Clerk of Court shall forward a copy of this order to the Court of Appeals. 28 // Case 1:15-cv-05277-RMI Document 123 Filed 09/09/21 Page 2 of 2 1 2 IT IS SO ORDERED. Dated: September 9, 2021 3 4 ROBERT M. ILLMAN United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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