Henneberry v. City of Newark

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN PATRICK HENNEBERRY, Case No. 13-cv-05238-TSH

8 Plaintiff, ORDER GRANTING PLAINTIFF’S IN 9 v. FORMA PAUPERIS APPLICATION

10 CITY OF NEWARK, et al., Re: Dkt. No. 477 11 Defendants.

12 13 On May 14, 2024, Plaintiff John Henneberry filed a notice of appeal and an application to 14 proceed in forma pauperis on appeal. ECF Nos. 476-77. 15 An indigent party who cannot afford the expense of pursuing an appeal may file a motion 16 for leave to proceed in forma pauperis. Fed. R. App. P. 24(a); 28 U.S.C. § 1915(a)(1). Pursuant 17 to Federal Rule of Appellate Procedure 24(a), “a party to a district-court action who desires to 18 appeal in forma pauperis must file a motion in the district court.” The party must attach an 19 affidavit that (1) shows in detail “the party’s inability to pay or give security for fees and costs,” 20 (2) “claims an entitlement to redress,” and (3) “states the issues that the party intends to present on 21 appeal.” Fed. R. App. P. 24(a)(1). However, even if a party provides proof of indigence, “an 22 appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in 23 good faith.” 28 U.S.C. § 1915(a)(3). An appeal is in “good faith” where it seeks review of any 24 issue that is “non-frivolous.” Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 25 An issue is “frivolous” if it has “no arguable basis in fact or law.” O’Loughlin v. Doe, 920 F.2d 26 614, 617 (9th Cir. 1990). 27 Here, Plaintiff’s affidavit establishes his inability to pay, his notice of appeal sets forth an 1 || Accordingly, the Court GRANTS Plaintiff’s in forma pauperis application. 2 IT ISSO ORDERED. 3 4 Dated: May 16, 2024 5 TAA. | THOMAS S. HIXSON 6 United States Magistrate Judge 7 8 9 10 11 12

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