Walker v. CA Employment Development Dept.

Filing 16

ORDER TO SHOW CAUSE why in forma pauperis status should not be revoked for purposes of appeal. Response due by 8/16/2017. Signed by Chief Magistrate Judge Joseph C. Spero on August 2, 2017. (jcslc2S, COURT STAFF) (Filed on 8/2/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 COLLEEN DENISE WALKER, Case No. 17-cv-00071-JCS Plaintiff, 8 v. 9 CA EMPLOYMENT DEVELOPMENT DEPT., 11 United States District Court Northern District of California 10 ORDER TO SHOW CAUSE WHY IN FORMA PAUPERIS STATUS SHOULD NOT BE REVOKED ON APPEAL Defendant. 12 Plaintiff Colleen Denise Walker, pro se and in forma pauperis, filed this action alleging 13 discrimination by her former employer. The Court reviewed Walker’s first amended complaint 14 sua sponte pursuant to 28 U.S.C. § 1915 and dismissed with leave to amend for failure to state a 15 claim, holding that, among other deficiencies, no factual allegation of that complaint plausibly 16 supported the conclusion that the employer took any adverse action because Walker was a 17 member of a protected class. Walker filed a second amended complaint, but the Court held that 18 she once again failed to include such allegations, and dismissed without leave to further amend. 19 Walker has filed a notice of appeal of the Court’s order dismissing the action and seeks to 20 maintain her in forma pauperis status on appeal. The Ninth Circuit referred the matter to this 21 Court to determine “whether in forma pauperis status should continue for this appeal or whether 22 23 24 25 26 27 28 the appeal is frivolous or taken in bad faith.” Walker v. Emp’t Dev. Dep’t, No. 17-16486, ECF Doc. No. 2 (9th Cir. Aug. 1, 2017) (citing 28 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)). There is no indication of bad faith. As for whether the appeal is frivolous, the Court is not aware of any error or basis for disagreement in its previous order that would support an appeal, but without knowing the arguments that Walker intends to raise, the Court hesitates to presume that any such argument would be frivolous. Walker is therefore ORDERED TO SHOW CAUSE why 1 her in forma pauperis status should not be revoked for the purpose of her appeal, by filing a short 2 statement of the arguments she intends to raise on appeal (not exceeding five pages) no later than 3 August 16, 2017. The Court finds the matter suitable for resolution without oral argument and 4 declines to set a hearing. 5 Walker, who is not represented by counsel, is encouraged to consult with the Federal Pro 6 Bono Project’s Legal Help Center in either of the Oakland or San Francisco federal courthouses 7 for assistance. The San Francisco Legal Help Center office is located in Room 2796 on the 8 fifteenth floor at 450 Golden Gate Avenue, San Francisco, California. The Oakland office is 9 located in Room 470-S on the fourth floor at 1301 Clay Street, Oakland, California. 10 United States District Court Northern District of California 11 12 13 14 15 16 17 Appointments can be made by calling (415) 782-8982 or signing up in the appointment book located outside either office, and telephone appointments are available. Lawyers at the Legal Help Center can provide basic assistance to parties representing themselves but cannot provide legal representation. IT IS SO ORDERED. Dated: August 2, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28 2

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