Kimner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

AUDREY L. KIMNER,

Case No. 5:20-cv-07563-EJD Plaintiff, ORDER DENYING IN FORMA v. PAUPERIS STATUS ON APPEAL 10 BERKELEY COUNTY SOUTH Re: Dkt. No. 36 CAROLINA, Defendant.

On March 4, 2021, the Court granted Defendant Berkeley County’s motion to dismiss this case with prejudice and issued a judgment in favor of Defendant. Dkt. No. 31, 32. Shortly thereafter Plaintiff Audrey Kimner filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit, accompanied by a motion for leave to appeal in forma pauperis (“IFP”). Dkt. No. 33, 34. The Ninth Circuit referred that matter to this Court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3). For the reasons stated below, Ms. Kimner’s motion…