Dickstein v. Supreme Court Of California et al

Filing 44

ORDER REVOKING IN FORMA PAUPERIS STATUS; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on June 20, 2017. (mmclc1, COURT STAFF) (Filed on 6/20/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 JEFFREY ALAN DICKSTEIN, Plaintiff, 8 v. 9 10 JAMES P. FOX, et al., (Ninth Circuit No. 17-16241) ORDER REVOKING IN FORMA PAUPERIS STATUS; DIRECTIONS TO CLERK Defendants. 11 United States District Court Northern District of California Case No. 17-cv-02469-MMC 12 13 Before the Court is a Referral Notice issued to this Court by the United States 14 Court of Appeals for the Ninth Circuit, referring the instant matter to the undersigned for 15 the limited purpose of determining whether plaintiff-appellant Jeffrey Alan Dickstein's in 16 forma pauperis status should continue or be revoked.1 Having reviewed the file and 17 considered the matter, the Court rules as follows. 18 Under § 1915, "[a]n appeal may not be taken in forma pauperis if the trial court 19 certifies in writing that it is not taken in good faith." See 28 U.S.C. § 1915(a)(3). "Good 20 faith," for purposes of § 1915, is "judged by an objective standard," and is demonstrated 21 where an appellant seeks review of "any issue not frivolous." See Copperedge v. United 22 States, 369 U.S. 438, 445 (1962). An action is frivolous if it lacks "arguable substance in 23 law and fact." See Franklin v. Murphy, 745 F.2d 1221, 1227 (9th Cir. 1984). 24 By order filed June 15, 2017, the Court dismissed the above-titled action pursuant 25 to 28 U.S.C. § 1915(e)(2)(B). As explained therein, plaintiff's claims challenge 26 determinations made by the California Supreme Court in the course of attorney 27 1 28 Plaintiff's application to proceed in forma pauperis was granted on May 3, 2017. 1 disciplinary proceedings brought against him. As further explained in the Court's order, 2 under settled law, district courts lack jurisdiction to review decisions of state courts, 3 including decisions by state courts imposing discipline on attorneys. In short, plaintiff's 4 claims lack arguable substance and, consequently, are frivolous. 5 Accordingly, plaintiff's in forma pauperis status is hereby REVOKED. 6 The Clerk of Court is DIRECTED to serve a copy of this order on the United States 7 8 Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. 9 10 Dated: June 20, 2017 MAXINE M. CHESNEY United States District Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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