Wengeler v. Yellen et al
Filing
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CERTIFICATION Regarding IFP Status on Appeal. The Court finds that his claims are frivolous and that this appeal is not taken in good faith. Signed by Judge Lauren King.(MW) (cc: Plaintiff via USPS, 9th Circuit via ad hoc)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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CARL WENGELER,
v.
CASE NO. 22-CV-00666-LK
Plaintiff,
CERTIFICATION REGARDING
IFP STATUS ON APPEAL
JANET YELLEN, et al.,
Defendants.
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On June 24, 2022, the Court dismissed this action with prejudice because Plaintiff Carl
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Wengeler failed to state a claim upon which relief can be granted. Dkt. No. 16. Mr. Wengeler
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appealed the dismissal. Dkt. No. 19. The Ninth Circuit then referred this matter to the Court “for
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the limited purpose of determining whether in forma pauperis status should continue for this appeal
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or whether the appeal is frivolous or taken in bad faith.” Dkt. No. 21 at 1.
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Under 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial
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court certifies in writing that it is not taken in good faith.” The “good faith” requirement is
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generally established “by the presentation of any issue that is not plainly frivolous.” Ellis v. United
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States, 356 U.S. 674, 674 (1958) (per curiam). Having reviewed Mr. Wengeler’s amended
CERTIFICATION REGARDING IFP STATUS ON APPEAL - 1
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complaint and the remaining record, the Court finds that his claims are frivolous and that this
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appeal is not taken in good faith. See Johnson v. Gibson, 270 F.2d 36, 39 (9th Cir. 1959) (per
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curiam) (finding appeal frivolous because complaint failed to state a claim upon which relief can
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be granted).
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The Clerk is directed to send uncertified copies of this Order to Mr. Wengeler at his last
known address.
Dated this 29th day of July, 2022.
A
Lauren King
United States District Judge
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CERTIFICATION REGARDING IFP STATUS ON APPEAL - 2
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