Hernandez v. Nevada Southern Detention Center

• Court: District Court, D. Nevada
• Decided: January 28, 2025
• Docket: 2:25-cv-00060
• Status: Unknown

Opinion

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 FRED HERNANDEZ, Case No.: 2:25-cv-00060-APG-DJA

5 Petitioner, Order Denying Application to Proceed in Forma Pauperis on Appeal 6 v.

7 NEVADA SOUTHERN DETENTION CENTER,

8 Respondents.

10 11 This action was initiated, pro se, by Fred Hernandez, on January 10, 2025, as a petition 12 for a writ of habeas corpus under 28 U.S.C. §2241. In an order entered on January 15, 2025 13 (ECF No. 4), I summarily dismissed the action because I am without jurisdiction to entertain a 14 challenge to a civil contempt order of another judge of this Court. On January 27, 2025, 15 Hernandez filed a notice of appeal (ECF No. 6), and an application to proceed in forma pauperis 16 on appeal (ECF No. 8). 17 I find that Hernandez’s appeal is frivolous and not taken in “good faith,” and I therefore 18 deny his application to proceed in forma pauperis on appeal. See 28 U.S.C. § 1915(a)(3); 19 Gardner v. Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (“good faith” standard § 1915(a)(3) 20 satisfied if the petitioner seeks appellate review of an issue that is not frivolous); Neitzke v. 21 Williams, 490 U.S. 319, 325 (1989) (For purposes of § 1915, an appeal is frivolous if it lacks any 22 arguable basis in law or fact.). Hernandez may renew his application to proceed in forma 23 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 2|| taken in good faith, and ] ORDER that Petitioner’s Application to Proceed Without Prepayment of Fees (ECF No. 8) is DENIED. 4 Dated: January 28, 2025

ANDREW P. GORDON 6 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23