Opinion
CV-21-01333-PHX-JJT
10-13-2022
Michele Gray, Plaintiff, v. Capstone Financial, et al., Defendants.
ORDER
Honorable John J. Tuchi, United States District Judge.
After Plaintiff filed a Notice of Appeal (Doc. 50) from the Judgment (Doc. 48) dismissing this matter with prejudice pursuant to the Court's Order of July 28, 2022 (Doc. 47), the Ninth Circuit issued a Referral Notice (Doc. 53) referring this matter to the 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.” The Referral Notice requested that the Court notify the Ninth Circuit and the parties if the Court elected to revoke in forma pauperis status. The Court had initially granted Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs on September 13, 2021. (Doc. 7.)
The Court has spent a significant amount of time on this matter and it determines that the appeal is taken in bad faith. The Court makes this determination for the same reasons as stated in its July 28, 2022 Order, including that Plaintiff repeatedly failed to abide by the Court's instructions and levied unsupported accusations against Defendant that wasted both the Court's and Defendant's time and resources. (See Doc. 47.)
Although the Court denied Defendant's Motion for Order to Show Cause Why Plaintiff Should Not Be Declared a Vexatious Litigant and Subject to Pre-Filing Requirements, the Court made clear that such denial was not a sign that it believes Plaintiff has acted appropriately in this litigation. (Doc. 47 at 13-14.)
Accordingly, in response to the Ninth Circuit's Referral Notice and pursuant to 28 U.S.C. § 1915(a)(3), the Court determines that in forma pauperis status should not continue for the appeal because it is not taken in good faith.
IT IS SO ORDERED.