Jacob C. Steele v. Kim Holland

Filing 31

ORDER DENYING 30 MOTION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Beth Labson Freeman on 7/18/2017. (blflc4, COURT STAFF) (Filed on 7/18/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JACOB CHARLES STEELE,
Plaintiff,

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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS

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United States District Court
Northern District of California

Case No. 15-cv-01084-BLF

v.

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KIM HOLLAND,

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Defendant.

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On May 12, 2017, the Court denied Petitioner Jacob Steele’s petition for writ of habeas

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corpus. ECF 25. The Court also denied a certificate of appealability because Petitioner did not

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demonstrate that “reasonable jurists would find [this Court’s] assessment of the constitutional

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claims debatable or wrong.” See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Now before the

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Court is Petitioner’s motion for leave to proceed in forma pauperis (“IFP”) for an appeal. ECF 30.

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28 U.S.C. §1915(a)(3) provides that an appeal may not be taken IFP if the trial court

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certifies it is not taken in good faith. “Not taken in good faith” means “frivolous.” Ellis v. United

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States, 356 U.S. 674, 674-75 (1958); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)

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(equating “not taken in good faith” with “frivolous”). For the same reasons this Court denied a

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certificate of appealability, this motion for IFP is also DENIED.

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Petitioner may file a motion for leave to proceed IFP on appeal in the court of appeals

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within thirty days after service of notice of this order. See Fed. R. App. Proc. 24 (a)(5). Any such

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motion “must include a copy of the affidavit filed in the district court and the district court’s

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statement of reasons for its action.” Id.

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IT IS SO ORDERED.

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Dated: July 18, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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