Opinion · Court of Appeals for the Ninth Circuit

Matthew Hooker v. American Airlines Iberia Airlines of Spain

302 F.3d 1091

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 2002-09-12
Topic: bankruptcy

concluding that revocation of in forma pauperis status is appropriate where the 17 || district court finds the appeal to be frivolous | holding that if at least one issue or 12 claim is non-frivolous, the appeal must proceed in forma pauperis as a whole | holding that revocation of in forma pauperis status 14 is appropriate where the district court finds the appeal to be frivolous | holding that if at least one issue or claim is non-frivolous, 7 | the appeal must proceed in forma pauperis as a whole | holding that district courts have the power to deny leave to proceed in forma 28 pauperis under 28 U.S.C. § 1915 if the court certifies that the appeal is frivolous as a whole | noting that district court may revoke 25 IFP status if appeal as a whole is frivolous, not for particular claims | noting that revocation of IFP status is appropriate where the district court finds the appeal to be frivolous | explaining that revocation of a previously granted in forma pauperis status is appropriate when the district court finds that the appeal is frivolous | finding that revocation of forma pauperis status is appropriate where 18 || district court finds the appeal to be frivolous | noting that revocation of in 2 17 || forma pauperis status is appropriate where district court finds the appeal to be frivolous | noting that revocation of in 3 17 || forma pauperis status is appropriate where district court finds the appeal to be frivolous | explaining that revocation of IFP status is appropriate where the district 7 court finds the appeal to be frivolous | noting that an appeal is taken in “good faith” if it seeks review of “non-frivolous” issues | noting that an appeal is taken in “good faith” if it seeks review of at least one “non-frivolous” issue | noting that an appeal is taken in “good faith” if it seeks review of “non-frivolous” issues | noting that an appeal is taken in “good faith” if it seeks 4 review of “non-frivolous” issues and holding that if at least one issue or claim is non-frivolous, 5 the appeal must proceed IFP as a whole | noting that an appeal is taken 2 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 3 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 26 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 27 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 26 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 27 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken in “good faith” if it seeks 5 review of “non-frivolous” issues and holding that if at least one issue or claim is non-frivolous, 6 the appeal must proceed IFP as a whole | noting that an appeal is taken 27 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 28 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken in 3 “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 4 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 26 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 27 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 27 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 28 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 26 in “good faith” if it seeks review of “non-frivolous” issues and holding that if at least one issue or 27 claim is non-frivolous, the appeal must proceed IFP as a whole | noting that an appeal is taken 26 in “good faith” if it seeks review of “non-frivolous” issues a

Citator

Cited by: 142 opinions

ORDER

Matthew Hooker appeals the district court’s judgment dismissing his case. Hooker asserted various causes of action stemming from an alleged drugging incident on board an international airline flight from Los Angeles to Barcelona.

The district court granted in part and denied in part Hooker’s motion to proceed on appeal in forma pauperis. The district court found the appeal was taken in good faith as to Hooker’s personal injury claim, property loss claim, and prayers for punitive and emotional distress damages. However, the district court found Hooker’s appeal from the dismissal of the intentional tort, negligence, assault and battery, and fraud claims to be frivolous.

*1092 Hooker then moved this court to proceed on appeal in forma pauperis as to all issues.

We hold that Hooker is entitled to in forma pauperis status for this appeal in toto because the district court found portions of the appeal to be taken in good faith. We conclude that 28 U.S.C. § 1915(a) requires in forma pauperis status to be authorized for an appeal as a whole and not on a piecemeal basis by-particular claims. We agree with and adopt the reasoning of the Seventh Circuit:

Section 1915 and [Federal Rules of Appellate Procedure] Rule 24 are the pertinent texts. Each speaks of a judge authorizing a “suit, action or proceeding” (§ 1915) or “an action” (Rule 24) — ■ thus referring to a case, a single judicial unit. Neither statute nor rule suggests that a court may grant leave to proceed on one claim of a suit but not on another. The power to deny leave to proceed in forma pauperis if the court certifies that the appeal is frivolous also deals with the case as a whole: § 1915(a) speaks of “[t]he appeal” and not of a particular argument on appeal.

Dixon v. Pitchford, 843 F.2d 268, 270 (7th Cir.1988). Consequently, the district court erred by granting Hooker only partial leave to proceed in forma pauperis on appeal. If at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole. Accordingly, Hooker’s motion to proceed in forma pauperis is granted.