Morales v. Cruse et al
ORDER DECLINING TO CERTIFY APPEAL AS NOT TAKEN IN GOOD FAITH. Signed by Judge Phyllis J. Hamilton on 10/18/11. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 10/18/2011)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSE LUIS MORALES,
No. C 09-3312 PJH (PR)
ORDER DECLINING TO
CERTIFY APPEAL AS NOT
TAKEN IN GOOD FAITH
K. CRUSE, et al.,
For the Northern District of California
United States District Court
This is a civil rights case filed pro se by a state prisoner. The court granted
defendants’ motion to dismiss the case as moot, and subsequently denied plaintiff’s motion
to reconsider. Plaintiff appealed. The United States Court of Appeals for the Ninth Circuit
has remanded the case for this court to consider whether the appeal is frivolous.
Rule 24(a)(3) of the Federal Rules of Appellate Procedure provides that a party
granted leave to proceed in forma pauperis (“IFP”) in district court may continue in that
status on appeal unless the district court certifies that the appeal is not taken in good faith.
Section 1915(a)(3) of Title 28 of the United States Code similarly provides that an appeal
may not be taken IFP if the trial court certifies it is not taken in good faith. “Not taken in
good faith” means “frivolous.” Ellis v. United States, 356 U.S. 674, 674-75 (1958); Hooker
v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (order) (equating “not taken in
good faith” with “frivolous”).
The appeal is not frivolous. The court declines to certify the appeal as not taken in
good faith. The clerk shall forthwith notify plaintiff and the court of appeals of this order.
See R.App.P. 24(a)(4).
IT IS SO ORDERED.
Dated: October 18, 2011.
PHYLLIS J. HAMILTON
United States District Judge
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