Pauson v. Bayview Loan Servicing, LLC et al

Filing 43

ORDER granting 41 Motion for Leave to Appeal in forma pauperis; signed by Judge Ronald B. Leighton.(DN)

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1 HONORABLE RONALD B. LEIGHTON 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 MARIE-LOUISE PAUSON, CASE NO. C15-5612-RBL 9 Plaintiff, 10 ORDER GRANTING LEAVE TO APPEAL IFP v. 11 BAYVIEW LOAN SERVICING, LLC, 12 Defendant. 13 14 THIS MATTER is before the Court on Plaintiff Pauson’s Motion for leave to appeal in 15 forma pauperis [Dkt. #41]. The Court dismissed her complaint with prejudice and without leave 16 to amend on the defendants’ motion. [Dkt. #35]. 17 An appeal may not be taken in forma pauperis if the trial court certifies in writing that it 18 is not taken in good faith. 28 U.S.C. §1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 19 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district 20 court finds the appeal to be frivolous). The Court must determine whether Pauson’s appeal is 21 frivolous or malicious, or fails to state a claim upon which relief may be granted. See 28 U.S.C. 22 §1915(e)(2)(B)(i)&(ii). 23 24 ORDER GRANTING LEAVE TO APPEAL IFP - 1 1 While the Court did determine that Pauson failed to state a plausible claim, it cannot 2 certify that her appeal of that decision is taken in bad faith. The Motion to proceed in forma 3 pauperis on appeal is GRANTED. 4 IT IS SO ORDERED. 5 Dated this 12th day of October, 2016. 7 A 8 Ronald B. Leighton United States District Judge 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING LEAVE TO APPEAL IFP - 2

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