Martin v. Miller

Northern District of California, cand-4:2015-cv-02136

ORDER Revoking In Forma Pauperis Status. Signed by Magistrate Judge Donna M. Ryu on 08/21/2015. (dmrlc1, COURT STAFF) (Additional attachment(s) added on 8/24/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 YOHONIA MARTIN, 7 Case No. 15-cv-02136-DMR Plaintiff, 8 v. ORDER DENYING IN FORMA 9 PAUPERIS STATUS ON APPEAL ROBERT MILLER, 10 Defendant. 11 12 On July 2, 2015, the court granted pro se Plaintiff Yohonia Martin's application for leave Northern District of California United States District Court 13 to proceed in forma pauperis and dismissed the complaint with leave to amend. [Docket No. 5.] 14 Plaintiff timely filed a document which the court construed to be Plaintiff's amended complaint. 15 [Docket No. 6.] Upon review of Plaintiff's amended complaint, the court found that Plaintiff had 16 not remedied the deficiencies identified in the court's dismissal order. As Plaintiff had been given 17 an opportunity to address the deficiencies in her original complaint, the court dismissed the action 18 on August 3, 2015. [Docket No. 8.] Plaintiff has appealed from that order, and the Ninth Circuit 19 has referred the matter to this court for the limited purpose of determining whether Plaintiff's in 20 forma pauperis status should continue for the appeal. [Docket No. 12.] 21 "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it 22 is not taken in good faith." 28 U.S.C. § 1915(a)(3). This section is generally construed to mean 23 that an appeal must not be frivolous. See, e.g., Coppedge v. United States, 369 U.S. 438, 445 24 (1962) (holding that the term "'good faith' . . . must be judged by an objective standard" and is 25 demonstrated when appellant seeks review "of any issue not frivolous"); Ellis v. United States, 26 356 U.S. 674, 674 (1958) (noting that "[i]n the absence of some evident improper motive, the 27 applicant's good faith is established by the presentation of any issue that is not plainly frivolous"); 28 Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (stating that "[i]f at least one 1 issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be 2 granted for the case as a whole"). 3 Having reviewed this matter, the court concludes there are no valid grounds on which to 4 base an appeal. Accordingly, the court certifies that Plaintiff's appeal is not taken in good faith 5 pursuant to 28 U.S.C. § 1915(a)(3) and revokes her in forma pauperis status. 6 The Clerk of the Court is directed to serve a copy of this order on Plaintiff and the Ninth ISTRIC ES D 7 Circuit. T TC 8 TA O S U ED RT 9 IT IS SO ORDERED. DERED UNIT O OR 10 Dated: August 21, 2015 IT IS S R NIA ______________________________________ 11. Ryu Donna M. Ryu onna M Judge NO United StatesDMagistrate Judge FO 12 Northern District of California RT United States District Court LI 13 ER H A N C 14 D IS T IC T OF R 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2