Bryan v. MTGLQ Investors L.P.
Filing
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ORDER denying 1 Motion for Leave to Proceed in forma pauperis. Signed by Judge Barry Ted Moskowitz on 1/14/2019. (All non-registered users served via U.S. Mail Service)(sjm)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 19-mc-26-BTM
Catherine Clare Bryan,
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Appellant,
Appellee.
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ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
RE BANKRUPTCY APPEAL
SC-18-1173
[ECF NO. 1]
v.
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MTGLQ Investors L.P.,
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Before the Court is the order of the U.S. Bankruptcy Appellate Panel of the
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Ninth Circuit transferring to this Court the pending motion for leave to proceed in
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forma pauperis filed by Appellant Catherine Clare Bryan re bankruptcy appeal SC-
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18-1173. (ECF No. 1 at 1-2.)
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Under 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma
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pauperis if the trial court certifies in writing that it is not taken in good faith.”
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28 U.S.C. § 1915(a)(3). Lack of good faith “has been held to be equivalent to a
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finding of frivolity.” Knapp v. Hogan, 738 F.3d 1106, 1110 (9th Cir. 2013).
On November 26, 2018, the U.S. Bankruptcy Court certified that the appeal
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is frivolous. (See ECF No. 1 at 7-10.)
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//
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19-mc-26-BTM
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This Court agrees, and accordingly, DENIES Appellant’s motion to proceed
in forma pauperis.
IT IS SO ORDERED.
Dated: January 14, 2019
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19-mc-26-BTM
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