Mehmood v. Brennan et al

Filing 7

ORDER that this court certifies this appeal is not taken in good faith. Petitioner's 6 Motion for Leave to Proceed In Forma Pauperis on Appeal is DENIED. Signed by Chief Judge Gloria M. Navarro on 10/19/2015. (Copies have been distributed pursuant to the NEF - cc: USCA - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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YASIR MEHMOOD,

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Petitioner,

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vs.

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JUDGE BRENNAN, et al.,

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2:15-cv-01739-GMN-CWH

Respondents.

ORDER

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______________________________/

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This action is a petition for writ of habeas corpus by Yasir Mehmood, who is apparently

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incarcerated at the Nevada Southern Detention Center, in Pahrump, Nevada, awaiting a criminal trial

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in the United States District Court for the Eastern District of California. The court granted

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Mehmood leave to proceed in forma pauperis, but dismissed the action pursuant to Rule 4 of the

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Rules Governing Section 2254 Cases in the United States District Courts, ruling that Mehmood’s

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habeas petition is frivolous in that it plainly does not state a claim upon which habeas relief could be

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granted by this court. See Order entered September 24, 2015 (ECF No. 2). Judgment was entered on

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September 24, 2015 (ECF No. 4).

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On October 15, 2015, Mehmood filed a notice of appeal (ECF No. 5), and a motion to
proceed in forma pauperis on appeal (ECF No. 6).
“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is
not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Fed. R. App. P. 24. The good faith

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requirement for in forma pauperis status on appeal is satisfied if the appellant seeks review of an

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issue that is not frivolous. See Gardner v. Pogue, 558 F.2d 548, 550-51 (9th Cir.1977) (citing

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Coppedge v. United States, 369 U.S. 438, 445 (1962)) (quotation marks omitted); see also Hooker v.

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American Airlines, 302 F.3d 1091, 1092 (9th Cir.2002) (if at least one issue or claim is

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non-frivolous, the appeal may proceed in forma pauperis). An action is frivolous “where it lacks an

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arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989).

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For the reasons stated in the order entered on September 24, 2015 (ECF No. 2), Mehmood’s
habeas corpus petition is frivolous.
IT IS THEREFORE ORDERED that this court certifies, pursuant to 28 U.S.C.
§ 1915(a)(3) and Fed. R. App. P. 24, that this appeal is not taken in good faith.
IT IS FURTHER ORDERED that the petitioner’s Motion to Proceed in Forma Pauperis
on Appeal (ECF No. 6) is DENIED.

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Dated this _____ day of October, 2015.

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UNITED STATES DISTRICT JUDGE
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