Lindblad v. Lunny ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT MICHAEL LINDBLAD, Case No. 3:22-cv-04777-JD 8 Plaintiff, ORDER TERMINATING PLAINTIFF'S 9 v. IN FORMA PAUPERIS STATUS 10 LUNNY, et al., Defendants. 11 12 In Robert Lindblad’s pending appeal, the Ninth Circuit made a limited referral to this 13 Court to determine whether a prior grant of in forma pauperis status should continue, or whether 14 the appeal is frivolous or taken in bad faith. Dkt. No. 22. 15 “A party who was permitted to proceed in forma pauperis in the district-court action . . . 16 may proceed on appeal in forma pauperis without further authorization, unless . . . the district 17 court -- before or after the notice of appeal is filed -- certifies that the appeal is not taken in good 18 faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in 19 writing its reasons for the certification or finding.” Fed. R. App. P. 24(a)(3). “The good faith 20 requirement is satisfied if the petitioner seeks review of any issue that is ‘not frivolous.’” Gardner 21 v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (quoting Coppedge v. United States, 369 U.S. 438, 22 445 (1962)). 23 The Court adopted the magistrate judge’s report and recommendation of dismissal without 24 leave to amend because Lindblad’s claims were frivolous. Dkt. No. 13. The Court’s independent 25 review indicated, as the magistrate judge stated, that “Lindblad’s allegations are implausible and 26 delusional,” and that the complaint consisted of “random assertions without putting Defendants on 27 fair notice of what [he] is claiming against them.” Dkt. No. 10 at 4-5. Phrased more formally, the 1 Consequently, the Court concludes that the appeal is not taken in good faith and terminates 2 || Lindblad’s in forma pauperis status. The Clerk is requested to forward this order to the Ninth 3 Circuit in Case No. 23-15772. See Fed. R. App. P. 24(a)(4)(B). 4 IT IS SO ORDERED. 5 Dated: June 1, 2023 6 7 JAMEYDONATO 8 UnitedfJtates District Judge 9 10 11 12 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28