Terrell v. Defense Advanced Research Projects Agency et al

Filing 21

ORDER DENYING PLAINTIFF'S MOTION TO APPEAL IN FORMA PAUPERIS by Judge Paul S. Grewal denying 16 (psglc2, COURT STAFF) (Filed on 12/10/2013) (Additional attachment(s) added on 12/11/2013: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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GREGORY M. TERRELL,

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Plaintiff,
v.

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NAVAL MEDICAL RESEARCH CENTER,
et al.,

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Defendants.

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Case No.: 5:13-cv-04616-PSG
ORDER DENYING PLAINTIFF’S
MOTION TO APPEAL IN FORMA
PAUPERIS
(Re: Docket No. 16)

On November 12, 2013, Plaintiff Gregory M. Terrell (“Terrell”) filed an application to

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appeal in forma pauperis (“IFP application”). His application relates to his notice of appeal of the

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proposed order 1 filed by Defendants DARPA, Naval Medical Research Center, Navy Medicine

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West, Naval Medical Center San Diego, and Charles E. Schaff (collectively, Defendants) pursuant

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to the Civil L.R. 7-2(c). 2 The IFP application has not been opposed.

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Under 28 U.S.C. § 1915(a)(3), an “appeal may not be taken in forma pauperis if the trial

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court certifies in writing that it is not taken in good faith.” In other words, if the district court
determines an appeal is not taken in good faith, the court may deny the IFP application. Courts

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See Docket No. 12.

See Civil L.R. 7-2(c) (“Unless excused by the Judge who will hear the motion, each motion must
be accompanied by a proposed order.”). Defendants filed their proposed order, see Docket No. 12,
as required along with their motion to dismiss, see Docket No. 11.
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Case No.: 5:13-cv-04616-PSG
ORDER DENYING PLAINTIFF’S MOTION TO APPEAL IN FORMA PAUPERIS