1

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4

5 ROBERT LINZY BELLON, Case No. 3:19-cv-00118-RCJ-WGC

6 Petitioner, ORDER DENYING MOTION FOR 7 v. LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL 8 (ECF NO. 23) WARDEN BRIAN WILLIAMS, et al., 9 Respondents. 10 11 12 This action is a petition for writ of habeas corpus, pursuant to

, 13 by Robert Linzy Bellon, a Nevada prisoner. In an order entered on December 20, 2019 14 (ECF No. 20), the Court granted the respondents’ motion to dismiss (ECF No. 15), and 15 dismissed this action, and judgment was entered accordingly (ECF No. 21). Bellon filed 16 a notice of appeal on December 31, 2019 (ECF No. 22) 17 On December 31, 2019, Bellon also filed a motion for leave to proceed in forma 18 pauperis on appeal (ECF No. 23). Bellon did not proceed in forma pauperis in this 19 Court; rather, he paid the filing fee for this action (ECF No. 1). The Court will deny 20 Bellon’s motion and will certify that his appeal is not taken in good faith. 21

(a)(3) provides that “[a]n appeal may not be taken in forma 22 pauperis if the trial court certifies in writing that it is not taken in good faith.” The good 23 faith standard is an objective one, the question being whether the petitioner seeks 24 review of any issue that is “not frivolous.” See Coppedge v. United States,

438, 445 (1962); Gardner v. Pogue,

(9th Cir. 1977). For purposes of 26 section 1915, an appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke 27 v. Williams,

, 324–25 (1989); Franklin v. Murphy,

(9th 1 || grounds upon which the Court granted Respondents’ motion to dismiss and dismissed 2 || this action were beyond any reasonable debate. The Court will, therefore, certify that 3 || Bellon’s appeal is not taken in good faith, within the meaning of

(a)(3), 4 || and will, accordingly, deny Bellon’s motion for leave to proceed in forma pauperis on 5 || appeal. 6 IT IS THEREFORE ORDERED that the Court certifies that the appeal in this 7 || action is not taken in good faith, within the meaning of

(a)(3). 8 IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Appeal in 9 || Forma Pauperis (ECF No. 23) is DENIED. 10 11 DATED THIS 19" day of February, 2020. 12 13 . ROBERT C. J@INES, 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28