Lenk v. Monolithic Power Systems, Inc.

• Court: District Court, N.D. California
• Decided: February 15, 2022
• Docket: 5:20-cv-08094
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 KENNETH LAWRENCE LENK, Case No. 20-cv-08094-BLF

9 Plaintiff, ORDER REVOKING IN FORMA 10 v. PAUPERIS STATUS

11 MONOLITHIC POWER SYSTEMS, INC., 12 Defendant.

14 15 The United States Court of Appeals for the Ninth Circuit has issued a Referral Notice to 16 this Court “for the limited purpose of determining whether in forma pauperis status should 17 continue for this appeal or whether the appeal is frivolous or taken in bad faith.” See ECF 42. 18 “An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not 19 taken in good faith.” 28 U.S.C. § 1915(a)(3). An appeal is taken in good faith if it presents at 20 least one issue or claim that is non-frivolous. See Hooker v. Amer. Airlines, 302 F.3d 1091, 1092 21 (9th Cir. 2002). 22 This Court dismissed Plaintiff’s first amended complaint pursuant to Federal Rule of Civil 23 Procedure 12(b)(6) after identifying numerous deficiencies that could not be cured by amendment 24 due to collateral estoppel, California’s litigation privilege, and statutes of limitation. See ECF 32. 25 The only claims not barred outright on these bases were devoid of factual support, and Plaintiff 26 had not provided any basis to believe he could allege additional facts. See id. Because Plaintiff 27 has been unable to present any issue or claim with potential merit, this Court concludes that his 1 Accordingly, Plaintiff's in forma pauperis status is hereby REVOKED pursuant to 28 2 || U.S.C. § 1915(a)(3). The Clerk shall notify Plaintiff and the United States Court of Appeals for 3 the Ninth Circuit of this ruling as soon as is practicable. 4 IT IS SO ORDERED. 5 6 || Dated: February 15, 2022 7 ty) ETH LABSON FREEMAN 8 United States District Judge 9 10 11 a 12

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