(PC) Khademi v. Superior Court of Placer County

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVOOD KHADEMI, No. 2:23-cv-1860-TLN-CSK 12 Plaintiff, 13 v. ORDER 14 SUPERIOR COURT OF PLACER COUNTY, et al., 15 Defendants. 16 17 18 Plaintiff is a county prisoner, proceeding without counsel, in this civil rights action 19 pursuant to 42 U.S.C. § 1983. On April 26, 2024, the magistrate judge recommended that this 20 action be dismissed because Plaintiff’s second amended complaint failed to state a potentially 21 colorable claim for relief. (ECF No. 15.) On May 15, 2024, this Court adopted the April 26, 22 2024 findings and recommendations and dismissed this action. (ECF Nos. 18, 19.) 23 On June 5, 2024, the Ninth Circuit Court of Appeals referred this matter to this Court for 24 the purpose of determining whether Plaintiff’s in forma pauperis status should continue for 25 appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see 26 also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma 27 pauperis status is appropriate where district court finds the appeal to be frivolous). An action is 28 1 frivolous “where it lacks an arguable basis in either law or fact.” Neitzke v. Williams, 490 U.S. 2 | 319, 325 (1989). In other words, the term “frivolous,” as used in § 1915 and when applied to a 3 | complaint, “embraces not only the inarguable legal conclusion, but also the fanciful factual 4 | allegation.” Jd. 5 Based upon the record before it, the Court cannot conceive of any valid grounds upon 6 | which an appeal can be based. The Court therefore finds that Plaintiff's appeal taken from its 7 | May 15, 2024 Order is frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. 8 || App. P. 24(a)(3)(A); Hooker, 302 F.3d at 1092; Neitzke, 490 U.S. at 325. Plaintiffs in forma 9 | pauperis status on appeal should therefore be revoked. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiffs in forma pauperis status on appeal is hereby REVOKED; and 12 2. The Clerk of the Court is directed to serve this Order on the Ninth Circuit Court of 13 Appeals in Case No. 24-3447. 14 IT IS SO ORDERED. 15 | Date: June 18, 2024 16 /) 17 “ Mh / Vhokay 18 Troy L. Nunley ] 19 United States District Judge 20 21 22 23 24 25 26 27 28