Lucore, Sr. et al v. Zeff et al

Filing 98

ORDER Granting 95 Motion to Proceed In Forma Pauperis. Signed by Judge Janis L. Sammartino on 8/7/2018. (All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEVEN H. LUCORE, SR., JUDY L.
LUCORE,

ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS

Plaintiffs,

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Case No.: 15-CV-910 JLS (MDD)

v.

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(ECF No. 95)

MICHAEL D. ZEFF, AN INDIVIDUAL;
ROSENTHAL, WITHEM & ZEFF; AND
DOES 1-10, INCLUSIVE,
Defendants.

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Presently before the Court is Plaintiffs Steven H. Lucore, Sr. and Judy L. Lucore’s

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Application to Proceed In Forma Pauperis, (ECF No 95). Plaintiffs previously paid the

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district court filing fee, (see ECF No. 1), but now seek to appeal final judgment in their

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case without prepaying the appellate filing fee.

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Federal Rule of Appellate Procedure 24 states that a petitioner may “proceed on

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appeal in forma pauperis without further authorization,” unless the district court “certifies

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that the appeal is not taken in good faith or finds that the party is not otherwise entitled to

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proceed in forma pauperis,” or a statute provides otherwise. Fed. R. App. P. 24(a)(3). The

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Ninth Circuit has construed “not taken in good faith” to mean frivolous. See Hooker v.

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Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (stating that “[i]f at least one issue or
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15-CV-910 JLS (MDD)

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claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be

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granted for the case as a whole”). An issue is “frivolous” if it has “no arguable basis in

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fact or law.” See O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990) (internal citation

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and quotation omitted).

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Here, Plaintiffs submit an application stating that Mr. Lucore is currently

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unemployed and has no other income beyond $300 a month provided his son. (ECF No.

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94, at 1.) He further states that he is currently disabled, is in the process of applying for

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social security, and on Medi-Cal. (Id.) Mr. Lucore’s wife is dependent on him and they

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have monthly expenses of at least $875. (See id. at 2.)

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The Court finds that an appeal would not be frivolous and that Plaintiffs meet the

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requirements to proceed in forma pauperis. Accordingly, the Court GRANTS Plaintiffs’

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motion, (ECF No. 95).

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IT IS SO ORDERED.
Dated: August 7, 2018

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15-CV-910 JLS (MDD)