Hurt v. All Sweepstakes Contests

Filing 16

ORDER REVOKING IN FORMA PAUPERIS STATUS. Signed by Judge Edward M. Chen on 11/15/12. (bpf, COURT STAFF) (Filed on 11/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-12-4187 EMC

ALL SWEEPSTAKES CONTESTS, et al.,

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ORDER REVOKING IN FORMA
PAUPERIS STATUS

Defendant.
___________________________________/

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On August 9, 2012, Plaintiff Tyrone Hurt filed a complaint against “All Sweepstakes

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Contests, et al., and it’s affiliates.” Plaintiff alleges that Defendants run “erroneous” sweepstakes

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contests that target African American communities and that violate the Eighth Amendment to the

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Constitution. On October 18, 2012, this Court dismissed Plaintiff’s complaint with prejudice,

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finding that “profound factual and legal deficiencies” made it unlikely that Plaintiff could allege any

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set of facts that would entitle him to relief. Plaintiff has now filed a notice of appeal.

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The Ninth Circuit has made a referral to this Court for the limited purpose of determining

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whether in forma pauperis status should continue for the appeal. Title 28 U.S.C. § 1915(a)(3)

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provides that “[a]n 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). Courts have generally construed this to

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mean that an appeal must not be frivolous. See, e.g., Coppedge v. United States, 369 U.S. 438, 445

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(1962) (holding “‘good faith’ . . . must be judged by an objective standard”; also noting “good faith”

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is demonstrated when appellant seeks review “of any issue not frivolous”); Ellis v. United States,

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356 U.S. 674, 674 (1958) (stating that, “[i]n the absence of some evident improper motive, the

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applicant’s good faith is established by the presentation of any issue that is not plainly frivolous”);

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Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (stating that, “[i]f at least one

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issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be

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granted for the case as a whole”).

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Plaintiff’s notice of appeal offers no additional facts beyond those offered in his complaint,

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and offers no legal argument as to how the vague and conclusory allegations of the complaint state a

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plausible claim under the Eighth Amendment or any other law. Accordingly, this Court concludes

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that there are no valid grounds on which to base an appeal. This Court thus certifies that Plaintiff’s

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appeal has not been taken in good faith and revokes his in forma pauperis status.

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For the Northern District of California

United States District Court

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The Clerk of the Court shall serve a copy of this order both on Plaintiff and on the
Ninth Circuit.

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IT IS SO ORDERED.

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Dated: November 15, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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TYRONE HURT,
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Case Number: CV12-04187 EMC
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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ALL SWEEPSTAKES CONTESTS et al,
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Defendant.
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For the Northern District of California

United States District Court

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 15, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Tyrone Hurt
422 Chesapeake Street, SE, #33
Washington, DC 20032
US Ninth Circuit Court of Appeal
95 -7th Street, Box 193939
San Francisco CA 94103-3939

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Dated: November 15, 2012
Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk

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