Dunn v. Santa Cruz County

Filing 19

ORDER REVOKING IN FORMA PAUPERIS STATUS (re 18 ). Signed by Judge Beth Labson Freeman on 6/3/2021. (blflc1S, COURT STAFF) (Filed on 6/3/2021)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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 GREGORY EDWIN DUNN, Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 21-cv-02091-BLF ORDER REVOKING IN FORMA PAUPERIS STATUS v. SANTA CRUZ COUNTY, [Re: ECF 18] Defendant. 13 14 Plaintiff Gregory Edwin Dunn was granted leave to proceed in this case in forma pauperis. 15 See ECF 5. Plaintiff’s complaint and first amended complaint were screened and dismissed 16 pursuant to 28 U.S.C. § 1915, and after the second screening the action was dismissed with 17 prejudice. See ECF 13, 14. Plaintiff filed a notice of appeal on June 1, 2021. See ECF 16. On 18 June 2, 2021 the United States Court of Appeals for the Ninth Circuit referred the case back to this 19 Court “for the limited purpose of determining whether in forma pauperis status should continue 20 for this appeal or whether the appeal is frivolous or taken in bad faith.” ECF 18. 21 “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it 22 is not taken in good faith.” 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if it presents 23 at least one issue or claim that is non-frivolous. See Hooker v. Amer. Airlines, 302 F.3d 1091, 24 1092 (9th Cir. 2002) (“If at least one issue or claim is found to be non-frivolous, leave to proceed 25 in forma pauperis on appeal must be granted for the case as a whole.”). In dismissing Plaintiff’s 26 first amended complaint, this Court determined that Plaintiff had alleged a number of disjointed 27 facts that failed to state a viable claim against Defendant, and that granting further leave to amend 28 would be futile. Because Plaintiff has been unable to present any issue or claim with potential 1 merit, this Court concludes that Plaintiff’s appeal is frivolous and thus not taken in good faith 2 under the applicable legal standard. 3 Accordingly, Plaintiff’s in forma pauperis status is hereby REVOKED pursuant to 28 4 U.S.C. § 1915(a)(3). The Clerk shall notify Plaintiff and the United States Court of Appeals for 5 the Ninth Circuit of this ruling as soon as is practicable. This ruling is without prejudice to the 6 filing of an application in the Court of Appeals for leave to proceed in forma pauperis. 7 IT IS SO ORDERED. 8 9 10 United States District Court Northern District of California 11 Dated: June 3 2021 ______________________________________ BETH LABSON FREEMAN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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