McGlown v. State of Washington et al

Filing 8

MINUTE ORDER by U.S. District Judge John C Coughenour re 7 Referral Notice; The Court certifies that McGlown's appeal is not taken in good faith and revokes McGlown's in forma pauperis status. (CDA)(cc: 9th Circuit, plaintiff)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 MEREDITH McGLOWN, 10 11 12 13 Plaintiff, CASE NO. C17-0202-JCC MINUTE ORDER v. STATE OF WASHINGTON, et al., Defendants. 14 15 16 17 The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: This matter comes before the Court on the referral notice from the United States Court of 18 Appeals for the Ninth Circuit (Dkt. No. 7). The Ninth Circuit referred this matter for the limited 19 purpose of determining whether in forma pauperis status should continue for Plaintiff Meredith 20 McGlown’s appeal or whether the appeal is frivolous or taken in bad faith. (Id. at 1.) 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). “[A]n appeal is not taken in good faith . . . if 23 there is some evident improper motive or if no issue is presented which is not plainly frivolous.” 24 Tweedy v. United States, 276 F.2d 649, 651 (9th Cir. 1960); see also Hooker v. American 25 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“If at least one issue or claim is found to be non- 26 frivolous, leave to proceed in forma pauperis on appeal must be granted.”). MINUTE ORDER C17-0202-JCC PAGE - 1 1 The Court dismissed McGlown’s case without prejudice because she failed to articulate 2 an actionable legal claim and because it appeared the Court lacked jurisdiction over this case. 3 (Dkt. No. 5 at 1-2.) McGlown now appeals that dismissal. (Dkt. No. 6.) However, her notice of 4 appeal does not address the deficiencies in his complaint. (See id.) 5 Therefore, the Court CERTIFIES that McGlown’s appeal is not taken in good faith and 6 REVOKES McGlown’s in forma pauperis status. The Court DIRECTS the Clerk to send this 7 order to the Court of Appeals. 8 DATED this 11th day of April 2017. 9 William M. McCool Clerk of Court 10 s/Paula McNabb Deputy Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-0202-JCC PAGE - 2

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