Martin v. James
Filing
11
ORDER. Signed by Judge Hamilton on 6/24/2015. (pjhlc1, COURT STAFF) (Filed on 6/24/2015)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
YOHONIA MARTIN,
9
v.
10
ELENA JAMES,
ORDER REVOKING PLAINTIFF'S IN
FORMA PAUPERIS STATUS
Defendant.
11
United States District Court
Northern District of California
Case No. 15-cv-2417-PJH
Plaintiff,
8
12
13
14
The above-entitled action was filed by pro se plaintiff Yohonia Martin on June 1,
15
2015, and was dismissed and closed on June 10, 2015. Plaintiff has filed an appeal with
16
the Ninth Circuit and the case has been referred back to this court for the limited purpose
17
of determining whether plaintiff’s in forma pauperis status should continue or whether the
18
appeal is frivolous or taken in bad faith.
19
An indigent party who cannot afford the expense of pursuing an appeal may file a
20
motion for leave to proceed in forma pauperis. See Fed. R. App. P. 24(a); 28 U.S.C.
21
§ 1915(a)(1). Pursuant to Federal Rule of Appellate Procedure 24(a), “a party to a
22
district-court action who desires to appeal in forma pauperis must file a motion in the
23
district court.” The party must attach an affidavit that (1) shows in detail “the party's
24
inability to pay or give security for fees and costs,” (2) “claims an entitlement to redress,”
25
and (3) “states the issues that the party intends to present on appeal.” Fed. R. App. P.
26
24(a)(1).
27
28
However, even if a party provides proof of indigence, “an appeal may not be taken
in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” 28
1
2
3
U.S.C. § 1915(a)(3). An appeal is in “good faith” where it seeks review of any issue that
is “non-frivolous.” Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). An
issue is “frivolous” if it has “no arguable basis in fact or law.” See O'Loughlin v. Doe, 920
4
F.2d 614, 617 (9th Cir. 1990).
5
In this case, plaintiff asserted claims against Magistrate Judge Maria-Elena James
6
in connection with Judge James’ rulings in another case plaintiff had filed in this court.
7
The court dismissed plaintiff’s complaint with prejudice, based on judicial immunity.
8
Plaintiff has appealed from that decision.
9
As it is clear that this appeal is frivolous and taken in bad faith, plaintiff’s in forma
10
pauperis status is REVOKED. The Clerk shall forward this Order to the Ninth Circuit in
11
United States District Court
Northern District of California
case No. 15-16257.
12
13
IT IS SO ORDERED.
14
Dated: June 24, 2015
15
16
17
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
2
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?