Juste v. Martinez et al

Filing 12

ORDER DENYING PERMISSION TO APPEAL IN FORMA PAUPERIS re 11 Notice of Appeal, filed by Andre Juste. Signed by Judge Alsup on 8/2/2017. (whalc1, COURT STAFF) (Filed on 8/2/2017) (Additional attachment(s) added on 8/2/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANDRE JUSTE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 16-07399 WHA

v.
MARTINEZ et al.,

ORDER DENYING
PERMISSION TO APPEAL IN
FORMA PAUPERIS

Defendants.
/

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On May 4, an order dismissed plaintiff Andre Juste’s action on the grounds that he filed

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in an inappropriate venue, and the allegations in his complaint were not comprehensible and did

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not form the basis of a cognizable claim (Dkt. No. 9 at 2). On July 5, Juste filed a notice of

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appeal in which he seeks to proceed in forma pauperis (Dkt. No. 11).

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Section 1915(a)(3) of Title 28 of the United States Code provides that “[a]n appeal may

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not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good

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faith.” Good faith is demonstrated when an appellant seeks “review of any issue not frivolous.”

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Coppedge v. United States, 369 U.S. 438, 444 (1962). An appeal is frivolous “where none of

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the legal points [are] arguable on the merits.” Neitzke v. Williams, 490 U.S. 319, 325 (1989)

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Here, Juste’s appeal is frivolous. He has not stated any viable legal theory on which to

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appeal, and his complaint was filed in the wrong venue. Because the appeal is not taken in

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good faith, the motion to proceed in forma pauperis is DENIED.

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IT IS SO ORDERED.
Dated: August 2, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE