McCoy

McCoy v. IRS

Good Law
United States District Court, Northern District of CaliforniaAugust 3, 20234:23-cv-01750California565 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HICKORY MCCOY, et al., Case No. 23-cv-01750-PJH

Plaintiffs,

ORDER REVOKING PLAINTIFFS IN

v. FORMA PAUPERIS STATUS

INTERNAL REVENUE SERVICE, Defendant.

12 Plaintiffs, a California federal prisoner and a Florida federal prisoner, proceeding pro se, filed a civil action against a governmental entity that was dismissed at screening. Plaintiffs filed an appeal with the Ninth Circuit, which re-engaged this court for the limited purpose of determining whether plaintiffs in forma pauperis status should continue, or whether the appeal is frivolous or taken in bad faith. An indigent party who cannot afford the expense of pursuing an appeal may file a motion for leave to proceed in forma pauperis. Fed. R. App. P. 24(a); 28 U.S.C. § 1915(a)(1). Pursuant to Federal Rule of Appellate Procedure 24(a), “a party to a district- court action who desires to appeal in forma pauperis must file a motion in the district court.” The party must attach an…

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