(UD)(PS) The Kind Project Downtown, LP v. Loyd

Opinion

THE KIND PROJECT DOWNTOWN, LP, No. 2:24-cv-02925 -DJC-CSK Plaintiff - Appellee, v. ORDER Defendant - Appellant.

Plaintiff originally filed this unlawful detainer action in Sacramento County Superior Court. Defendant subsequently removed to federal court, but this Court ultimately remanded the case back to the Superior Court. Defendant has now appealed this Court’s decision to remand this action. Presently before this Court is Defendant’s Request to Proceed In Forma Pauperis on appeal. Pursuant to Federal Rule of Appellate Procedure 24(a)(1), this request is properly before this Court. On review of the affidavit provided by Defendant, it is apparent that Plaintiff has an inability to pay fees and costs. See Fed. R. App. P. 24(a)(1)(A). However, the Court ultimately denies Defendant’s request to proceed in forma pauperis. Under 28 U.S.C. § 1915(a)(3), an appeal may not be taken in forma pauperis where “the trial court certifies in writing that it is not taken in good faith.” After review of the record, the Court finds that the appeal is frivolous and not taken in good faith. Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed In Forma Pauperis (ECF No. 7) is denied. See Fed. R. App. P. 24(a)(1); see also 28 U.S.C. § 1915(a)(3). j IT 1S SO ORDERED. Dated: _December 20, 2024 “Dane J CoO □□□□ Hon. Daniel alabretta ? UNITED STATES DISTRICT JUDGE