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)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MEREDITH McGLOWN,

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Plaintiff,

CASE NO. C17-0202-JCC
MINUTE ORDER

v.
STATE OF WASHINGTON, et al.,
Defendants.

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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

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Appeals for the Ninth Circuit (Dkt. No. 7). The Ninth Circuit referred this matter for the limited

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purpose of determining whether in forma pauperis status should continue for Plaintiff Meredith

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McGlown’s appeal or whether the appeal is frivolous or taken in bad faith. (Id. at 1.)

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“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it

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is not taken in good faith.” 28 U.S.C. § 1915(a)(3). “[A]n appeal is not taken in good faith . . . if

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there is some evident improper motive or if no issue is presented which is not plainly frivolous.”

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Tweedy v. United States, 276 F.2d 649, 651 (9th Cir. 1960); see also Hooker v. American

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Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (“If at least one issue or claim is found to be non-

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frivolous, leave to proceed in forma pauperis on appeal must be granted.”).

MINUTE ORDER C17-0202-JCC
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The Court dismissed McGlown’s case without prejudice because she failed to articulate

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an actionable legal claim and because it appeared the Court lacked jurisdiction over this case.

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(Dkt. No. 5 at 1-2.) McGlown now appeals that dismissal. (Dkt. No. 6.) However, her notice of

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appeal does not address the deficiencies in his complaint. (See id.)

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Therefore, the Court CERTIFIES that McGlown’s appeal is not taken in good faith and

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REVOKES McGlown’s in forma pauperis status. The Court DIRECTS the Clerk to send this

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order to the Court of Appeals.

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DATED this 11th day of April 2017.

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William M. McCool
Clerk of Court

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s/Paula McNabb
Deputy Clerk

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MINUTE ORDER C17-0202-JCC
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