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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?