(PS) Bartlett v. State Bar of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALAN M. BARTLETT, No. 2:19-cv-00330-MCE-AC 12 Plaintiff, 13 v. ORDER 14 STATE BAR OF CALIFORNIA, et al., 15 Defendants. 16 17 On May 1, 2020, the Court issued an order requiring Plaintiff to make payments 18 toward the required filing fee. (ECF No. 30.) On May 11, 2020, Plaintiff, who had 19 proceeded without counsel and in forma pauperis in the district court, filed a notice of 20 appeal. (ECF No. 31.) Thereafter, on May 18, 2020, the Ninth Circuit Court of Appeals 21 referred this matter to the district court for the limited purpose of determining whether in 22 forma pauperis status should continue for the appeal, or whether the appeal is frivolous 23 or taken in bad faith. (ECF No. 34.) 24 “An appeal may not be taken in forma pauperis if the trial court certifies in writing 25 that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American 26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status 27 appropriate where district court finds the appeal to be frivolous). The good faith 28 standard under 28 U.S.C. § 1915 is an objective one. Coppedge v. United States, VASO CLD NIN Nae OMI TOT OIC eye OMe 1 | 369 U.S. 438, 445 (1962). A plaintiff satisfies the “good faith” requirement if he or she 2 || seeks review of any issue that is “not frivolous.” Gardner v. Pogue, 558 F.2d 548, 551 3 | (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445). 4 For the reasons stated in the findings and recommendations (see ECF No. 26), 5 || adopted by the district judge on May 1, 2020, (ECF No. 30) the Court finds that the 6 || instant appeal is frivolous. The Court thus certifies that Plaintiff's appeal is not taken in 7 || good faith and concludes that Plaintiff's in forma pauperis status should not continue for 8 || purposes of the appeal. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Plaintiff's in forma pauperis status is REVOKED. 11 2. The Clerk of Court is directed to serve a copy of this Order on Plaintiff and 12 | on the Ninth Circuit Court of Appeals. 13 IT |S SO ORDERED. 14 | Dated: May 29, 2020 16 MORRISON C. ENGLAND, J UNITED STATES DISTRI 17 18 19 20 21 22 23 24 25 26 27 28