Thompson et al v. Santa Cruz County Human Services Department et al

Filing 63

ORDER RE: IN FORMA PAUPERIS STATUS. Signed by Judge Lucy H. Koh on June 10, 2013. (lhklc1, COURT STAFF) (Filed on 6/10/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 STEVE THOMPSON AND SHANNON THOMPSON ) ) ) Plaintiffs, ) v. ) ) SANTA CRUZ COUNTY HUMAN SERVICES ) DEPARTMENT, THE HONORABLE DENINE ) J. GUY, ROBERT PEREZ, AND MARDELL ) PEREZ, ) ) Defendants. ) ) Case No.: 12-CV-03894-LHK ORDER RE: IN FORMA PAUPERIS STATUS On May 29, 2013, the Ninth Circuit requested that this Court determine whether Plaintiffs’ 18 in forma pauperis status should continue for Plaintiffs’ appeal or whether the appeal is frivolous or 19 taken in bad faith. ECF No. 61; See Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) 20 (“If at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on 21 appeal must be granted for the case as a whole.”). The Court finds that the appeal is non-frivolous 22 and has not been taken in bad faith. Accordingly, Plaintiffs’ in forma pauperis status should be 23 continued for the appeal. 24 IT IS SO ORDERED. 25 Dated: June 10, 2013 _________________________________ LUCY H. KOH United States District Judge 26 27 28 1 Case No.: 12-CV-03894-LHK ORDER RE: IN FORMA PAUPERIS STATUS

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