Lenk v. Monolithic Power Systems, Inc.

Filing 45

ORDER REVOKING IN FORMA PAUPERIS STATUS (addressing 42 ). Signed by Judge Beth Labson Freeman on 2/15/2022. (blflc1, COURT STAFF) (Filed on 2/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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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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KENNETH LAWRENCE LENK,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-08094-BLF
ORDER REVOKING IN FORMA
PAUPERIS STATUS

v.
MONOLITHIC POWER SYSTEMS, INC.,
Defendant.

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The United States Court of Appeals for the Ninth Circuit has issued a Referral Notice to

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this Court “for the limited purpose of determining whether in forma pauperis status should

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continue for this appeal or whether the appeal is frivolous or taken in bad faith.” See ECF 42.

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“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not

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taken in good faith.” 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if it presents at

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least one issue or claim that is non-frivolous. See Hooker v. Amer. Airlines, 302 F.3d 1091, 1092

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(9th Cir. 2002).

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This Court dismissed Plaintiff’s first amended complaint pursuant to Federal Rule of Civil

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Procedure 12(b)(6) after identifying numerous deficiencies that could not be cured by amendment

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due to collateral estoppel, California’s litigation privilege, and statutes of limitation. See ECF 32.

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The only claims not barred outright on these bases were devoid of factual support, and Plaintiff

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had not provided any basis to believe he could allege additional facts. See id. Because Plaintiff

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has been unable to present any issue or claim with potential merit, this Court concludes that his

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appeal is frivolous and thus not taken in good faith under the applicable legal standard.

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Accordingly, Plaintiff’s in forma pauperis status is hereby REVOKED pursuant to 28

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U.S.C. § 1915(a)(3). The Clerk shall notify Plaintiff and the United States Court of Appeals for

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the Ninth Circuit of this ruling as soon as is practicable.

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IT IS SO ORDERED.

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Dated: February 15, 2022
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BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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