Johnson v. CDC

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE CLARENCE D. JOHNSON, JR., NO. C21-0572RSL Plaintiff-Appellant, v. CERTIFICATION CDC, et al., Defendants-Appellees.

On July 19, 2021, the above-captioned matter was dismissed because the allegations of the complaint did not give the named defendants fair notice of the claims against them or give rise to a plausible inference that plaintiff is entitled to relief under. Plaintiff has now appealed the dismissal. This matter is again before the Court to determine whether in forma pauperis status should be permitted on appeal. Dkt. # 15.

Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.” For purposes of this statute, “good faith” is generally established “by the presentation of any issue that is not plainly frivolous.” Ellis v. U.S., 356 U.S. 674 (1958). Having again reviewed the allegations of the complaint, the Court finds that plaintiff’s claims are frivolous and this appeal is not taken in good faith.

1 Dated this 16th day of August, 2021.

3 Robert S. Lasnik United States District Judge