Jett v. U.S. Postal Service et al
Filing
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ORDER DENYING LEAVE TO FILE APPEAL IN FORMA PAUPERIS. Signed by Magistrate Judge Jacqueline Scott Corley on 2/14/2012. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/14/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Northern District of California
United States District Court
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YVONNE JETT,
Plaintiff,
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v.
9th Cir. No.: 12-15237
D.C. No.: 11-5078 JSC
ORDER DENYING LEAVE TO FILE
APPEAL IN FORMA PAUPERIS
U.S. POSTAL SERVICE,
Defendant.
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Plaintiff, filing pro se, appeals this Court‟s dismissal of her action to the Ninth Circuit,
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which requests a review of Plaintiff‟s in forma pauperis status. (9th Cir. No. 12-15237, Dkt.
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No. 2.) Under 28 U.S.C. § 1915(a)(3), “an appeal may not be taken in forma pauperis if the
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trial court certifies in writing that it is not taken in good faith.” Permission to proceed in
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forma pauperis is only appropriate for a non-frivolous appeal. Hooker v. American Airlines,
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302 F.3d 1091, 1092 (9th Cir. 2002).
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In the dismissed case (D.C. No. 11-5078 JSC), Plaintiff alleged that Defendant denied
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her a reasonable work accommodation, thereby discriminating against her on the basis of a
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disability. After reviewing Plaintiff‟s papers and granting her leave to amend her initial
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complaint, the Court concluded that Plaintiff already litigated the same claims in Jett v. Potter
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et al., Case No. 08-4290 PJH (N.D. Cal.). The Court therefore determined that Plaintiff‟s
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claims were barred by issue preclusion as she challenged an employment termination already
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litigated. See Robi v. Five Platters, Inc., 838 F.2d 318, 322 (9th Cir. 1988) (stating that “the
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doctrine of issue preclusion prevents relitigation of all „issues of fact or law that were actually
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litigated and necessarily decided‟ in a prior proceeding”) (quoting Segal v. American Tel. &
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Tel. Co., 606 F.2d 842, 845 (9th Cir. 1979)). Accordingly, Plaintiff‟s action was dismissed
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with prejudice. (D.C. No. 11-5078 JSC, Dkt. No. 10.) Prior to appealing to the Ninth Circuit,
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Plaintiff filed a third amended complaint without leave of the Court and was informed that
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further pleadings would not be considered as the case was closed. (D.C. No. 11-5078 JSC,
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Dkt. Nos. 11, 12.) As Plaintiff has not articulated any factual or legal basis for relitigating
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her claims raised in 08-4290 PJH, Plaintiff‟s appeal is frivolous. Leave to proceed in forma
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pauperis is therefore denied.
Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: February 14, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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