Zuniga v. King County

UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE ALBERT B. ZUNIGA, et al., Cause No. C21-1030RSL Plaintiffs, ORDER REGARDING IN v. FORMA PAUPERIS STATUS 10 ON APPEAL KING COUNTY, et al., Defendants.

This matter comes before the Court on referral from the Ninth Circuit for a determination under 28 U.S.C. § 1915(a)(3) whether in forma pauperis status should continue on appeal.

Section 1915(a)(3) states that “[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.” The good faith standard is an objective one, and good faith is demonstrated by when an individual “seeks appellate review of any issue not frivolous.” See Coppedge v. U.S., 369 U.S. 438, 445 (1962). For purposes of 28 U.S.C. § 1915, an appeal is frivolous if it lacks any arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 22 319, 325 (1989).

The Court is of the opinion that plaintiff’s appeal is frivolous. He has not alleged sufficient facts from which one could plausibly infer that he has a viable cause of action against any of the named defendants. Thus, the Court certifies that the appeal is taken in bad faith and revokes plaintiff’s in forma pauperis status. Plaintiff may, however, seek further authorization from the Court of Appeals pursuant to Rule 24(a)(5) to obtain leave to proceed in forma pauperis on appeal.

6 Dated this 10th day of January, 2022.

Robert S. Lasnik 10 United States District Judge