Miller v. Johnson ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:22-cv-01150-JAD-VCF Michele D. Miller, 4 Plaintiff Order Continuing In Forma Pauperis 5 v. Status for Appeal 6 Long Drug Stores California, LLC, [ECF No. 43] 7 Defendant 8 The United States Court of Appeals for the Ninth Circuit referred this matter back to this 9 court for the limited purpose of determining whether in forma pauperis status should continue 10 for this appeal. 28 U.S.C. § 1915(a)(3) provides that “[a]n appeal may not be taken in forma 11 pauperis if the trial court certifies in writing that it is not taken in good faith.”1 An appeal is 12 taken in “good faith” when it seeks review of any issue that is “non-frivolous.”2 An issue “is 13 frivolous where it lacks an arguable basis either in law or in fact.”3 14 In this employment-discrimination case, plaintiff Michele Miller brought racial- 15 discrimination, hostile-work-environment, and retaliation claims against her former employer, 16 Long Drug Stores California, LLC d/b/a CVS.4 CVS moved to compel arbitration and provided 17 credible evidence showing that Miller e-signed an arbitration agreement through CVS’s secure 18 portal prior to her first day.5 She responded that the agreement was fraudulent, contending that 19 someone else must have forged her signature and presenting evidence purporting to show that 20 21 1 28 U.S.C. § 1915(a)(3). 2 Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 22 3 See Neitzke v. Williams, 490 U.S. 319, 325 (1989). 23 4 ECF No. 6. 5 ECF No. 24. 1|| she did not log into the new-hire portal when CVS said she did.° I granted CVS’s motion and dismissed Miller’s case, finding that CVS had “shown by a preponderance of evidence that 3}| Miller signed an arbitration agreement that governs her discrimination and retaliation claims.” I 4|| assume that Miller will raise similar issues, as well as those she has raised in her recent motion to alter judgment,* on appeal. I find that Miller’s evidentiary concerns about the authenticity of the signed arbitration agreement that CVS produced are brought in good faith. So I conclude that 7|| she is entitled to in forma pauperis status for this appeal. 8 Accordingly, IT IS HEREBY ORDERED that Michele Miller’s in forma pauperis status should CONTINUE for this appeal (Ninth Cir. Case No. 24-17). The Clerk of Court 10||is DIRECTED to notify the Ninth Circuit Court of Appeals that this court DOES NOT elect to revoke Michele Miller’s in forma pauperis status. US. District Judge J sini A, Dowey 13 January 23, 2024 14 15 16 17 18 19 20 21 ECF No. 37 at 5. 8 ECF No. 38.