Grabois v. Grabois

Filing 18

ORDER granting 15 Plaintiff's Motion for Leave to Appeal in forma pauperis; signed by Judge Ronald B. Leighton.(DN) Modified on 10/12/2016 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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OXANA V GRABOIS,

CASE NO. C15-5876-RBL

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Plaintiff,
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ORDER GRANTING MOTION TO
APPEAL IFP

v.
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ADAM J GRABOIS,
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Defendant.
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THIS MATTER is before the Court on Plaintiff Grabois’s Motion for leave to appeal in

15 forma pauperis [Dkt. #15]. The Court dismissed her complaint with prejudice and without leave
16 to amend on the defendant’s motion. [Dkt. #13].
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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 Grabois’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).
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ORDER GRANTING MOTION TO APPEAL IFP 1

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While the Court did determine that Grabois 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.
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IT IS SO ORDERED.

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Dated this 12th day of October, 2016.

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A

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Ronald B. Leighton
United States District Judge

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ORDER GRANTING MOTION TO APPEAL IFP 2