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)

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