Wengeler v. Yellen ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 CARL WENGELER, CASE NO. 22-CV-00666-LK 11 Plaintiff, CERTIFICATION REGARDING 12 v. IFP STATUS ON APPEAL 13 JANET YELLEN, et al., 14 Defendants. 15 16 On June 24, 2022, the Court dismissed this action with prejudice because Plaintiff Carl 17 Wengeler failed to state a claim upon which relief can be granted. Dkt. No. 16. Mr. Wengeler 18 appealed the dismissal. Dkt. No. 19. The Ninth Circuit then referred this matter to the Court “for 19 the limited purpose of determining whether in forma pauperis status should continue for this appeal 20 or whether the appeal is frivolous or taken in bad faith.” Dkt. No. 21 at 1. 21 Under 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial 22 court certifies in writing that it is not taken in good faith.” The “good faith” requirement is 23 generally established “by the presentation of any issue that is not plainly frivolous.” Ellis v. United 24 States, 356 U.S. 674, 674 (1958) (per curiam). Having reviewed Mr. Wengeler’s amended 1 complaint and the remaining record, the Court finds that his claims are frivolous and that this 2 appeal is not taken in good faith. See Johnson v. Gibson, 270 F.2d 36, 39 (9th Cir. 1959) (per 3 curiam) (finding appeal frivolous because complaint failed to state a claim upon which relief can 4 be granted). 5 The Clerk is directed to send uncertified copies of this Order to Mr. Wengeler at his last 6 known address. 7 Dated this 29th day of July, 2022. 8 A 9 Lauren King United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24