Briggs v. Aetna Pharmacy Management

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 CHRISTOPHER BRIGGS, Case No. 3:24-cv-05681-TMC 8 Plaintiff, ORDER ON REFERRAL NOTICE AND 9 CONTINUING IN FORMA PAUPERIS v. STATUS 10 AETNA PHARMACY MANAGEMENT, 11 Defendant. 12 13

14 This matter comes before the Court on the February 5, 2025 Referral Notice from the 15 Ninth Circuit Court of Appeals. On December 31, 2024, the Court adopted the Report and 16 Recommendation of U.S. Magistrate Judge Theresa L. Fricke and dismissed this case without 17 prejudice. U.S. Magistrate Judge Theresa L. Fricke had previously granted pro se plaintiff 18 Christopher Briggs’ motion to proceed in forma pauperis (“IFP”). Dkt. 3. 19 In the pending Referral Notice, the Ninth Circuit Court of Appeals referred this case to 20 this Court for the limited purpose of determining whether Mr. Briggs’ IFP status “should 21 continue for this appeal or whether the appeal is frivolous or taken in bad faith.” Dkt. 13 (citing 22 28 U.S.C. § 1915(a)(3) and Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002)). 23 The Court determines that Mr. Briggs may continue his IFP status on appeal. 24 l The Clerk is directed to send uncertified copies of this Order to all counsel of record and 2 || to any party appearing pro se at said party’s last known address. 3 4 Dated this 7th day of February, 2025. Eg OS 6 Tiffany. Cartwright United States District Judge 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24