Martin v. James

Northern District of California, cand-4:2015-cv-02417

ORDER. Signed by Judge Hamilton on 6/24/2015. (pjhlc1, COURT STAFF) (Additional attachment(s) added on 6/25/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 YOHONIA MARTIN, Case No. 15-cv-2417-PJH 8 Plaintiff, 9 v. ORDER REVOKING PLAINTIFF'S IN FORMA PAUPERIS STATUS 10 ELENA JAMES, 11 Defendant. 12 Northern District of California United States District Court 13 14 The above-entitled action was filed by pro se plaintiff Yohonia Martin on June 1, 15 2015, and was dismissed and closed on June 10, 2015. Plaintiff has filed an appeal with 16 the Ninth Circuit and the case has been referred back to this court for the limited purpose 17 of determining whether plaintiff's in forma pauperis status should continue or whether the 18 appeal is frivolous or taken in bad faith. 19 An indigent party who cannot afford the expense of pursuing an appeal may file a 20 motion for leave to proceed in forma pauperis. See Fed. R. App. P. 24(a); 28 U.S.C. 21 § 1915(a)(1). Pursuant to Federal Rule of Appellate Procedure 24(a), "a party to a 22 district-court action who desires to appeal in forma pauperis must file a motion in the 23 district court." The party must attach an affidavit that (1) shows in detail "the party's 24 inability to pay or give security for fees and costs," (2) "claims an entitlement to redress," 25 and (3) "states the issues that the party intends to present on appeal." Fed. R. App. P. 26 24(a)(1). 27 However, even if a party provides proof of indigence, "an appeal may not be taken 28 in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 1 U.S.C. § 1915(a)(3). An appeal is in "good faith" where it seeks review of any issue that 2 is "non-frivolous." Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). An 3 issue is "frivolous" if it has "no arguable basis in fact or law." See O'Loughlin v. Doe, 920 4 F.2d 614, 617 (9th Cir. 1990). 5 In this case, plaintiff asserted claims against Magistrate Judge Maria-Elena James 6 in connection with Judge James' rulings in another case plaintiff had filed in this court. 7 The court dismissed plaintiff's complaint with prejudice, based on judicial immunity. 8 Plaintiff has appealed from that decision. 9 As it is clear that this appeal is frivolous and taken in bad faith, plaintiff's in forma 10 pauperis status is REVOKED. The Clerk shall forward this Order to the Ninth Circuit in 11 case No. 15-16257. 12 Northern District of California United States District Court 13 IT IS SO ORDERED. 14 Dated: June 24, 2015 15 __________________________________ 16 PHYLLIS J. HAMILTON United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2