Zuniga v. King County et al

Filing 32

ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL signed by Judge Robert S. Lasnik. The Court is of the opinion that plaintiffs appeal is frivolous. He has not alleged sufficient facts from which one could plausibly infer that he has a viable cause of action against any of the named defendants. Thus, the Court certifies that the appeal is taken in bad faith and revokes plaintiffs in forma pauperis status. Plaintiff may, however, seek further authorization from the Court of Appeals pursuant to Rule 24(a)(5) to obtain leave to proceed in forma pauperis on appeal. (cc 9th Circuit)(RE)

Case 2:21-cv-01030-RSL Document 32 Filed 01/10/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ALBERT B. ZUNIGA, et al.,
Plaintiffs,

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v.
KING COUNTY, et al.,

Cause No. C21-1030RSL
ORDER REGARDING IN
FORMA PAUPERIS STATUS
ON APPEAL

Defendants.

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This matter comes before the Court on referral from the Ninth Circuit for a determination

15 under 28 U.S.C. § 1915(a)(3) whether in forma pauperis status should continue on appeal.
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Section 1915(a)(3) states that “[a]n appeal may not be taken in forma pauperis if the trial court

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certifies in writing that it is not taken in good faith.” The good faith standard is an objective one,

19 and good faith is demonstrated by when an individual “seeks appellate review of any issue not
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frivolous.” See Coppedge v. U.S., 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915,

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an appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams, 490 U.S.

23 319, 325 (1989).
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The Court is of the opinion that plaintiff’s appeal is frivolous. He has not alleged

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sufficient facts from which one could plausibly infer that he has a viable cause of action against

27 any of the named defendants. Thus, the Court certifies that the appeal is taken in bad faith and
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ORDER REGARDING IN FORMA
PAUPERIS STATUS - 1

Case 2:21-cv-01030-RSL Document 32 Filed 01/10/22 Page 2 of 2

1 revokes plaintiff’s in forma pauperis status. Plaintiff may, however, seek further authorization
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from the Court of Appeals pursuant to Rule 24(a)(5) to obtain leave to proceed in forma

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pauperis on appeal.

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Dated this 10th day of January, 2022.

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Robert S. Lasnik
United States District Judge

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ORDER REGARDING IN FORMA
PAUPERIS STATUS - 2