Opinion
No. C 12-00257 JSW
03-22-2013
TERRA S. YOUNG, Plaintiff, v. NORTH AMERICAN VAN LINES, Defendant,
ORDER REVOKING IN FORMA
PAUPERIS STATUS ON APPEAL
The Court has received the notice from the United States Court of Appeals for the Ninth Circuit referring the 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); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). 28 U.S.C. 1915(a)(3) provides that an appeal may not be taken in forma pauperis if the district court certifies that it is taken in bad faith. The Court concludes that the appeal is not taken in good faith and DECLINES to permit Plaintiff to proceed in forma pauperis on appeal.
IT IS SO ORDERED.
______________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
TERRA S. YOUNG,
Plaintiff,
v.
NORTH AMERICAN VAN LINES et al,
Defendant.
Case Number: CV12-00257 JSW
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 22, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Terra S. Young
5 Santo Domingo Trail, North
Corrales, NM 87048
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk