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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY ALAN DICKSTEIN,
Plaintiff,

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v.

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JAMES P. FOX, et al.,

(Ninth Circuit No. 17-16241)
ORDER REVOKING IN FORMA
PAUPERIS STATUS; DIRECTIONS TO
CLERK

Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-02469-MMC

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Before the Court is a Referral Notice issued to this Court by the United States

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Court of Appeals for the Ninth Circuit, referring the instant matter to the undersigned for

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the limited purpose of determining whether plaintiff-appellant Jeffrey Alan Dickstein's in

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forma pauperis status should continue or be revoked.1 Having reviewed the file and

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considered the matter, the Court rules as follows.

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Under § 1915, "[a]n appeal may not be taken in forma pauperis if the trial court

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certifies in writing that it is not taken in good faith." See 28 U.S.C. § 1915(a)(3). "Good

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faith," for purposes of § 1915, is "judged by an objective standard," and is demonstrated

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where an appellant seeks review of "any issue not frivolous." See Copperedge v. United

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States, 369 U.S. 438, 445 (1962). An action is frivolous if it lacks "arguable substance in

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law and fact." See Franklin v. Murphy, 745 F.2d 1221, 1227 (9th Cir. 1984).

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By order filed June 15, 2017, the Court dismissed the above-titled action pursuant

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to 28 U.S.C. § 1915(e)(2)(B). As explained therein, plaintiff's claims challenge

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determinations made by the California Supreme Court in the course of attorney

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Plaintiff's application to proceed in forma pauperis was granted on May 3, 2017.

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disciplinary proceedings brought against him. As further explained in the Court's order,

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under settled law, district courts lack jurisdiction to review decisions of state courts,

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including decisions by state courts imposing discipline on attorneys. In short, plaintiff's

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claims lack arguable substance and, consequently, are frivolous.

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Accordingly, plaintiff's in forma pauperis status is hereby REVOKED.

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The Clerk of Court is DIRECTED to serve a copy of this order on the United States

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Court of Appeals for the Ninth Circuit.
IT IS SO ORDERED.

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Dated: June 20, 2017
MAXINE M. CHESNEY
United States District Judge

United States District Court
Northern District of California

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