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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 ANDRE JUSTE, 9 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 16-07399 WHA v. MARTINEZ et al., ORDER DENYING PERMISSION TO APPEAL IN FORMA PAUPERIS Defendants. / 13 14 On May 4, an order dismissed plaintiff Andre Juste’s action on the grounds that he filed 15 in an inappropriate venue, and the allegations in his complaint were not comprehensible and did 16 not form the basis of a cognizable claim (Dkt. No. 9 at 2). On July 5, Juste filed a notice of 17 appeal in which he seeks to proceed in forma pauperis (Dkt. No. 11). 18 Section 1915(a)(3) of Title 28 of the United States Code provides that “[a]n appeal may 19 not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good 20 faith.” Good faith is demonstrated when an appellant seeks “review of any issue not frivolous.” 21 Coppedge v. United States, 369 U.S. 438, 444 (1962). An appeal is frivolous “where none of 22 the legal points [are] arguable on the merits.” Neitzke v. Williams, 490 U.S. 319, 325 (1989) 23 Here, Juste’s appeal is frivolous. He has not stated any viable legal theory on which to 24 appeal, and his complaint was filed in the wrong venue. Because the appeal is not taken in 25 good faith, the motion to proceed in forma pauperis is DENIED. 26 27 28 IT IS SO ORDERED. Dated: August 2, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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