Hernandez v. Nevada Southern Detention Center
Filing
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ORDER denying 8 Motion/Application for Leave to Proceed in forma pauperis. IT IS THEREFORE certified, under 28 U.S.C. § 1915(a)(3), that Petitioner's appeal is not taken in good faith. Signed by Chief Judge Andrew P. Gordon on 1/28/2025. (Copies have been distributed pursuant to the NEF - CAH)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
4 FRED HERNANDEZ,
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Case No.: 2:25-cv-00060-APG-DJA
Petitioner,
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Order Denying Application
to Proceed in Forma Pauperis on Appeal
7 NEVADA SOUTHERN DETENTION
CENTER,
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Respondents.
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This action was initiated, pro se, by Fred Hernandez, on January 10, 2025, as a petition
12 for a writ of habeas corpus under 28 U.S.C. §2241. In an order entered on January 15, 2025
13 (ECF No. 4), I summarily dismissed the action because I am without jurisdiction to entertain a
14 challenge to a civil contempt order of another judge of this Court. On January 27, 2025,
15 Hernandez filed a notice of appeal (ECF No. 6), and an application to proceed in forma pauperis
16 on appeal (ECF No. 8).
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I find that Hernandez’s appeal is frivolous and not taken in “good faith,” and I therefore
18 deny his application to proceed in forma pauperis on appeal. See 28 U.S.C. § 1915(a)(3);
19 Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (“good faith” standard § 1915(a)(3)
20 satisfied if the petitioner seeks appellate review of an issue that is not frivolous); Neitzke v.
21 Williams, 490 U.S. 319, 325 (1989) (For purposes of § 1915, an appeal is frivolous if it lacks any
22 arguable basis in law or fact.). Hernandez may renew his application to proceed in forma
23 pauperis in the Court of Appeals. See Fed. R. App. P. 24(a).
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I THEREFORE certify, under 28 U.S.C. § 1915(a)(3), that Petitioner’s appeal is not
2 taken in good faith, and I ORDER that Petitioner’s Application to Proceed Without Prepayment
3 of Fees (ECF No. 8) is DENIED.
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Dated: January 28, 2025
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ANDREW P. GORDON
CHIEF UNITED STATES DISTRICT JUDGE
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