Hurt v. Zimmerman
Filing
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ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH; REVOKING IN FORMA PAUPERIS STATUS; DIRECTIONS TO CLERK. Hurt's in forma pauperis status is revoked. The Clerk shall serve a copy of this order on the United States Court of Appeals for the Ninth Circuit. Signed by Judge Maxine M. Chesney on August 27, 2012. (mmclc2, COURT STAFF) (Filed on 8/27/2012) (Additional attachment(s) added on 8/27/2012: # 1 Certificate of Service) (tlS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
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TYRONE HURT,
Plaintiff,
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No. C-12-3139 MMC
ORDER CERTIFYING APPEAL NOT
TAKEN IN GOOD FAITH; REVOKING IN
FORMA PAUPERIS STATUS;
DIRECTIONS TO CLERK
v.
GEORGE ZIMMERMAN, et al.,
Defendants.
/
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Before the Court is a Referral Notice issued to this Court by the United States Court
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of Appeals for the Ninth Circuit, referring the above-titled matter for the limited purpose of
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determining whether plaintiff-appellant Tyrone Hurt’s (“Hurt”) in forma pauperis status
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should continue or be revoked. See 28 U.S.C. § 1915(a)(3) (providing “[a]n appeal may not
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be taken in forma pauperis if the trial court certifies in writing that it is not taken in good
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faith”); Coppedge v. United States, 369 U.S. 438, 445 (1962) (holding “‘good faith’ . . . must
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be judged by an objective standard”; noting “good faith” is demonstrated when appellant
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seeks review “of any issue not frivolous”). Having reviewed the file and considered the
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matter, the Court rules as follows.
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By order filed July 5, 2012, the Court dismissed Hurt’s complaint pursuant to 28
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U.S.C. § 1915(e)(2)(B)(i) and (ii), finding the action was frivolous and Hurt had failed to
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state a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2) (providing, where
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plaintiff proceeds in forma pauperis, “the court shall dismiss the case at any time if the
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court determines that . . . the action or appeal . . . is frivolous . . . [or] fails to state a claim
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on which relief may be granted”). Specifically, as the Court noted, “[Hurt] alleges no injury
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to himself, but, rather, alleges that defendant George Zimmerman shot and killed Trayvon
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Martin and ‘should therefore, be placed into permanent exile from this Nation, (U.S.A.)’”
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(see Order at 1:27-2:1 (quoting Compl. at 2)); the Court further found “[Hurt] fails to allege a
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cognizable basis for his claim, and no such basis is apparent from the allegations” (see id.
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at 2:1-2).
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In his Notice of Appeal, Hurt, without further elaboration, identifies the issue on
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appeal as whether “dismissing the complaint was an abuse of [the Court’s] discretion.”
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(See Notice of Appeal at 1.) Hurt provides no basis, legal or factual, warranting
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reconsideration of the Court’s findings in support of such dismissal. The Court
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consequently finds Hunt’s appeal of its order is frivolous and taken in bad faith.
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Accordingly, Hurt’s in forma pauperis status is hereby REVOKED.
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The Clerk shall serve a copy of this order on the United States Court of Appeals for
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the Ninth Circuit.
IT IS SO ORDERED.
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Dated: August 27, 2012
MAXINE M. CHESNEY
United States District Judge
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