Matthew Hooker v. American Airlines Iberia Airlines of Spain

ORDER

Matthew Hooker appeals the district court’s judgment dismissing his case. Hooker asserted various causes of action stemming from an alleged drugging incident on board an international airline flight from Los Angeles to Barcelona.

The district court granted in part and denied in part Hooker’s motion to proceed on appeal in forma pauperis. The district court found the appeal was taken in good faith as to Hooker’s personal injury claim, property loss claim, and prayers for punitive and emotional distress damages. However, the district court found Hooker’s appeal from the dismissal of the intentional tort, negligence, assault and battery, and fraud claims to be frivolous.

Hooker then moved this court to proceed on appeal in forma pauperis as to all issues.

We hold that Hooker is entitled to in forma pauperis status for this appeal in toto because the district court found portions of the appeal to be taken in good faith. We conclude that 28 U.S.C. § 1915 (a) requires in forma pauperis status to be authorized for an appeal as a whole and not on a piecemeal basis by-particular claims. We agree with and adopt the reasoning of the Seventh Circuit:

Dixon v. Pitchford, 843 F.2d…