Joseph v. Donahoe et al
Filing
13
ORDER by Magistrate Judge Donna M. Ryu denying 10 Motion for Leave to Appeal in forma pauperis. (dmrlc1, COURT STAFF) (Filed on 10/1/2014) (Additional attachment(s) added on 10/1/2014: # 1 Certificate/Proof of Service) (igS, COURT STAFF). (Additional attachment(s) added on 10/1/2014: # 2 Certificate/Proof of Service) (vlkS, COURT STAFF).
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
11
For the Northern District of California
United States District Court
10
RAFAEL A JOSEPH,
12
No. C-14-02200 DMR
Plaintiff(s),
No. 14-16873, United States Court of
Appeals for the Ninth Circuit
14
PATRICK R DONAHOE,
ORDER DENYING IN FORMA
PAUPERIS STATUS ON APPEAL
15
Defendant(s).
___________________________________/
13
v.
16
17
18
On July 9, 2014, the court granted pro se Plaintiff Rafael A. Joseph’s application for leave to
19
proceed in forma pauperis and dismissed his complaint with leave to amend. [Docket No. 5.]
20
Plaintiff timely filed an amended complaint. [Docket No. 6.] Upon review of Plaintiff’s amended
21
complaint, the court found that Plaintiff had not remedied the deficiencies identified in the court’s
22
dismissal order. The court also found that he had failed to state a new claim for breach of fiduciary
23
duty based upon 5 U.S.C. § 2301(b)(2) and that amendment of the claim would be futile. As
24
Plaintiff had been given an opportunity to address the deficiencies in his original claims, the court
25
dismissed the action without prejudice on August 14, 2014. [Docket No. 8.] Plaintiff has appealed
26
from that order, and the Ninth Circuit has referred the matter to this court for the limited purpose of
27
determining whether Plaintiff’s in forma pauperis status should continue for the appeal. [Docket
28
No. 12.]
1
“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is
2
not taken in good faith.” 28 U.S.C. § 1915(a)(3). This section is generally construed to mean that
3
an appeal must not be frivolous. See, e.g., Coppedge v. United States, 369 U.S. 438, 445 (1962)
4
(holding that the term “‘good faith’ . . . must be judged by an objective standard” and is
5
demonstrated when appellant seeks review “of any issue not frivolous”); Ellis v. United States, 356
6
U.S. 674, 674 (1958) (noting that “[i]n the absence of some evident improper motive, the applicant’s
7
good faith is established by the presentation of any issue that is not plainly frivolous”); Hooker v.
8
American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (stating that “[i]f at least one issue or claim
9
is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the
Having reviewed this matter, the court concludes there are no valid grounds on which to base
12
an appeal. Accordingly, the court certifies that Plaintiff’s appeal is not taken in good faith pursuant
13
to 28 U.S.C. § 1915(a)(3) and revokes his in forma pauperis status.
Circuit.
17
S
16
IT IS SO ORDERED.
18
19
S DISTRICT
TE
C
TA
DERED
O OR
IT IS S
Dated: October 1, 2014
. Ryu
United States Magistrate Judge
RT
H
ER
22
23
24
25
26
27
28
2
N
D IS T IC T
R
A
21
LI
nna M
udge Do
JM. RYU
DONNA
NO
20
R NIA
15
The Clerk of the Court is directed to serve a copy of this order on Plaintiff and the Ninth
FO
14
UNIT
ED
For the Northern District of California
11
case as a whole”).
RT
U
O
United States District Court
10
OF
C
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?