Foley v. Graham

Opinion

Michael Foley, Case No.: 2:16-cv-01871-JAD-VCF

Plaintiff Ninth Circuit Case No.: 21-15024

v. Order re: In Forma Pauperis Status Kurt Graham, et al., on Appeal

Defendants [ECF No. 75]

The United States Court of Appeals for the Ninth Circuit referred this matter back to this court for the limited purpose of determining whether in forma pauperis status should continue for this appeal.1 The decision to continue such status turns on whether any claim is frivolous, for “[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole.”2 In this civil-rights case, plaintiff Michael Foley sued Clark County, Nevada, and several of its employees in their individual and official capacities, a family-court hearing master, his ex- wife, and the Las Vegas Metropolitan Police department, for his arrest in 2014 for unpaid child support. After several rounds of screening and dismissal, Foley was given another chance to state a viable claim for relief against the remaining defendant in his official capacities only.3 I found that Foley filed an amended complaint that not only failed to allege a plausible excessive- force claim, but violated the express t4erms of this court’s previous order.4 So I granted the 1 ECF No. 75. 2 Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 3 ECF No. 63. 4 ECF No. 71 at 1–2. 1 remaining defendant’s motion to dismiss and dismissed the case with prejudice.> Because the appeal from that decision is frivolous and not taken in good faith, IT IS HEREBY ORDERED 3) THAT the district court finds that in forma pauperis status should not continue on appeal. The Clerk of Court is directed to SEND a copy of this order to the Clerk of the United 5} States Court of Appeals for Case No. 21-15024. 6

U.S. District Judge JenniferA. Dorsey 8 February 1, 2021 > Id. at 3.