Brown v. Lion Share Investments, LLC et al

Filing 20

ORDER by Judge Edward M. Chen Denying 19 Plaintiff's Application for Leave to Proceed In Forma Pauperis. (Attachments: # 1 Certificate/Proof of Service)(emcsec, COURT STAFF) (Filed on 10/31/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

Case No. 17-cv-05531-EMC

BROWN,
Plaintiff,

8

ORDER DENYING PLAINTIFF’S
APPLICATION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS

v.

9

LION SHARE INVESTMENTS, LLC,

11

Defendant.

Docket No. 19

12
For the Northern District of California

United States District Court

10

Plaintiff has applied for leave to proceed in forma pauperis on her appeal to the Ninth

13

Circuit from this Court’s order denying her application for a stay of a bankruptcy court order

14

pending her appeal. “An appeal may not be taken in forma pauperis if the trial court certifies in

15

writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). The Ninth Circuit has held that

16

“if at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis must

17

be granted for the case as a whole.” Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir.

18

2002).

19

Plaintiff appears to meet the financial requirements for in forma pauperis status. The Court

20

nevertheless DENIES her request because her appeal does not present a non-frivolous claim, for

21

the same reasons stated in the Court’s order of denial. See Docket No. 13; In re Perl, 811 F.3d

22

1120, 1127-29 (9th Cir. 2016) (under California law, “no occupant of the premises retains any

23

possessory interest of any kind following service of the writ of possession”).

24

This disposes of Docket No. 19.

25

IT IS SO ORDERED.

26
27
28

Dated: October 31, 2017
______________________________________
EDWARD M. CHEN
United States District Judge