Frost

Frost v. United States Department of Justice

Good Law
United States District Court, Northern District of CaliforniaFebruary 1, 20213:17-cv-01240California512 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VINTON P. FROST,

Case No. 17-cv-01240-JCS Plaintiff, 8 v. COURT’S CERTIFICATION THAT APPEAL IS NOT TAKEN IN GOOD

UNITED STATES DEPARTMENT OF FAITH

JUSTICE,

Defendant.

12 Under Rule 24 of the Federal Rules of Appellate Procedure, “[a] party who was permitted to proceed in forma pauperis in the district-court action . . . may proceed on appeal in forma pauperis without further authorization, unless . . . the district court – before or after the notice of appeal is filed – certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification.” Under 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” The Ninth Circuit has construed “not taken in good faith” to mean frivolous. See…

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