Morgan v. Cochise County Board of Supervisors

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 David M Morgan, No. CV-19-00571-TUC-DCB

10 Plaintiff, ORDER

11 v.

12 Cochise County Board of Supervisors, et al.,

13 Defendants.

14 On December 6, 2019, the Plaintiff filed a civil rights claim under 42 U.S.C. § 1983 15 against Defendants. Plaintiff proceeded in forma pauperis. On September 17, 2020, this 16 Court granted Defendants’ Motion to Dismiss and entered Judgment against the Plaintiff. 17 He has filed an appeal and seeks to proceed on appeal in forma pauperis. The Ninth 18 Circuit Court of Appeals has referred the matter to this Court for the limited purpose of 19 determining whether it is taken in good faith. See 28 U.S.C. 1915(a)(3). Because Plaintiff 20 was granted in forma pauperis status here, he may proceed on appeal in forma pauperis 21 automatically, unless this Court finds the appeal is not taken in good faith. See 28 U.S.C. 22 1915(a)(3) and FRAP 24(a). 23 In the absence of some evident improper motive, good faith is shown by the 24 presentation of any issue which is not plainly frivolous. Gilbert v. United States, 278 F.2d 25 61, 62 (9th Cir. 1960) (quoting Ellis v. United States, 356 U.S. 674, 674 (1958). “An appeal 26 not taken in ‘good faith,’ as described in § 1915(a), is not the same as substantive 27 frivolousness because bad faith imports a consciousness of frivolity as distinct from 28 frivolity, ‘simpliciter.’” Jaffe v. United States, 246 F.2d 760, 761 (2d Cir. 1957) (Hand, J.). 2|| Plaintiff's claims were not plainly frivolous. 3 Accordingly, 4 IT IS ORDERED that after a review of the case, the Court finds the appeal has 5 || been taken in good faith. 6 IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this 7\| Order to the Ninth Circuit Court of Appeals. 8 Dated this 21st day of October, 2020. 9 10 Dayj 12 United Ct Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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