UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
June 23, 2011
ACCESS SYSTEMS AMERICAS, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge
ORDER DETERMINING THAT PLAINTIFF IS PERMITTED TO PROCEED ON APPEAL IN FORMA PAUPERIS (Re: Docket No. 95)
proceed in forma pauperis in the district-court action. On June 3, 2011, Salsman filed a notice of
On May 4, 2010, the court granted Plaintiff James Salsman's ("Salsman") application to appeal of the judgment entered. Also on June 3, 2011, the court mailed to Salsman a request for 19 the docketing fee. On June 22, 2011, the Court of Appeals for the Ninth Circuit referred the matter 20 to this court for the purpose of determining whether in forma pauperis status should continue for 21 his appeal or whether the appeal is frivolous or taken in bad faith.
Pursuant to Fed. R. App. Proc. 24(a)(3), "A party who was permitted to proceed in forma pauperis in the district-court action . . . may proceed on appeal in forma pauperis without further authorization, unless:
(A) the district court-before or after the notice of appeal is filed-certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or
(B) a statute provides otherwise."
is not otherwise entitled to proceed in forma pauperis. Furthermore, the court is not aware of any
The court finds no cause to certify that the appeal is taken in bad faith or to find that Salsman statute that prevents Salsman from proceeding on appeal in forma pauperis. Thus, Salsman's 4 forma pauperis status should continue for his appeal.
IT IS SO ORDERED.
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