Khazali v. State of Washington

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 MASOUD KHAZALI, CASE NO. C23-0796JLR 11 Plaintiff, ORDER v. 12 STATE OF WASHINGTON, 13 Defendant. 14

15 This matter comes before the court on a limited referral from the Ninth Circuit 16 Court of Appeals. (See Not. (Dkt. # 10).) The Ninth Circuit asks the court to determine 17 whether Plaintiff Masoud Khazali’s in forma pauperis (“IFP”) status should continue on 18 appeal or whether, instead, it should be revoked because his appeal is frivolous or taken 19 in bad faith. (Id.) Under 28 U.S.C. § 1915(a)(3), an appeal may not be taken IFP if the 20 trial court certifies in writing that it is not taken in good faith or is frivolous. See 28 21 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 22 // 1 The court finds that Mr. Khazali’s appeal is frivolous and therefore REVOKES his 2 IFP status on appeal. The court DIRECTS the Clerk to forward a copy of this order to

3 the United States Court of Appeals for the Ninth Circuit and to Mr. Khazali. 4 Dated this 11th day of July, 2023. 5 A 6 7 JAMES L. ROBART United States District Judge 8 9 10 11 12 13 14 15 16 17 18

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