Renefro v. Social Security Administration ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER RENFRO, Case No. 1:19-cv-00007-AWI-EPG 12 Plaintiff, ORDER RE: IFP STATUS ON APPEAL 13 v. 14 SOCIAL SECURITY 15 ADMINISTRATION, et al., 16 Defendants. 17 By notice entered October 16, 2019, the United States Court of Appeals for the Ninth 18 Circuit referred this matter to the District Court for the limited purpose of determining whether 19 the in forma pauperis status of Plaintiff Christopher Renfro (“Plaintiff”) should continue for this 20 appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see 21 also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 22 Permitting litigants to proceed in forma pauperis is a privilege, not a right. Franklin v. 23 Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984); Williams v. Field, 394 F.2d 329, 332 (9th Cir. 24 1968), cert. denied, 393 U.S. 891 (1968); Williams v. Marshall, 795 F.Supp. 978, 978-79 (N.D. 25 Cal. 1992). A federal court may dismiss a claim filed in forma pauperis prior to service if it is 26 satisfied that the action is frivolous or malicious. 28 U.S.C. § 1915(e)(2); see Sully v. Lungren, 27 842 F.Supp. 1230, 1231 (N.D. Cal. 1994). A claim is ‘frivolous’ when it is without ‘basis in law 28 or fact,’ and ‘malicious’ when it is ‘filed with the intention or desire to harm another.’” Knapp v. I Hogan, 738 F.3d 1106, 1109 (9th Cir. 2013). A finding of frivolity in this context is equivalent to finding a lack of good faith. 7d. at 1110. A lack of good faith can be inferred where “plaintiffs 3 seek to exploit the court system solely for delay or to vex defendants.” Vega v. JPMorgan Chase 4 Bank, N.A., 654 F.Supp.2d 1104, 1121 (E.D. Cal. 2009). 5 The Court does not find that Plaintiff takes the instant appeal in bad faith. This is not a 6 situation where “plaintiffs seek to exploit the court system solely for delay or to vex defendants.” TT oa. 8 Accordingly, IT IS HEREBY ORDERED that: ? 1. Plaintiff is entitled to proceed in forma pauperis in Appeal No. 19-16992, filed on 10 October 7, 2019; 2. This Order serves as notice to the parties and the United States Court of Appeals for the Ninth Circuit of the finding that Plaintiff is entitled to proceed in forma 13 pauperis for this appeal; and 3. The Clerk of the Court is directed to serve a copy of this Order on Plaintiff and the IS United States Court of Appeals for the Ninth Circuit. 16 17 | IT IS SO ORDERED. pated: _November 5, 2019 [Je hey □ 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28