Lindblad

Lindblad v. Bolanos

Good Law
United States District Court, Northern District of CaliforniaSeptember 15, 20223:21-cv-06606California1,185 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 ROBERT MICHAEL LINDBLAD, Case No. 21-cv-06606-SI

Plaintiff,

ORDER REOVKING IN FORMA

v. PAUPERIS STATUS ON APPEAL

CARLOS G. BOLANOS, et al., Re: Dkt. No. 96, 98 Defendants.

14 15 The Court has received a referral notice from the Ninth Circuit Court of Appeal. Dkt. No. 98. The notice directs the Court to determine whether in forma pauperis (IFP) status should continue for plaintiff’s appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3). Also before the Court is plaintiff’s motion for leave to appeal IFP. Dkt. No. 96. An appeal may not be taken IFP if it is not taken in good faith. 28 U.S.C. § 1915(a)(3). An appeal is in good faith where any portion of the appeal is “non-frivolous.” Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). An issue is frivolous if it has “no arguable basis in fact or law.” O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. …

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