Hernandez v. Nevada Southern Detention Center

Opinion

FRED HERNANDEZ, Case No.: 2:25-cv-00060-APG-DJA

Petitioner, Order Denying Application to Proceed in Forma Pauperis on Appeal v.

CENTER,

Respondents.

This action was initiated, pro se, by Fred Hernandez, on January 10, 2025, as a petition for a writ of habeas corpus under 28 U.S.C. §2241. In an order entered on January 15, 2025 (ECF No. 4), I summarily dismissed the action because I am without jurisdiction to entertain a challenge to a civil contempt order of another judge of this Court. On January 27, 2025, Hernandez filed a notice of appeal (ECF No. 6), and an application to proceed in forma pauperis on appeal (ECF No. 8). I find that Hernandez’s appeal is frivolous and not taken in “good faith,” and I therefore deny his application to proceed in forma pauperis on appeal. See 28 U.S.C. § 1915(a)(3); Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (“good faith” standard § 1915(a)(3) satisfied if the petitioner seeks appellate review of an issue that is not frivolous); Neitzke v. Williams, 490 U.S. 319, 325 (1989) (For purposes of § 1915, an appeal is frivolous if it lacks any arguable basis in law or fact.). Hernandez may renew his application to proceed in forma pauperis in the Court of Appeals. See Fed. R. App. P. 24(a). 1 I THEREFORE certify, under 28 U.S.C. § 1915(a)(3), that Petitioner’s appeal is not taken in good faith, and ] ORDER that Petitioner’s Application to Proceed Without Prepayment of Fees (ECF No. 8) is DENIED. Dated: January 28, 2025

ANDREW P. GORDON 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 1]