Yvonne Ya-Wen Feng v. Alta Bates Summit Medical Center, et al.
- Joseph Spero
- 4:25-cv-06598
- U.S. District Court · Northern District of California
- 2
In Feng v. Alta Bates Summit Medical Center, Judge Tigar granted Feng leave to appeal without prepaying fees after finding her appeal taken in good faith.
Yvonne Ya-Wen Feng may pursue her appeal to the Ninth Circuit without prepaying fees or providing security for costs, based on the order.
What happened
Yvonne Ya-Wen Feng asked the Northern District of California for permission to appeal to the Ninth Circuit without paying filing fees in advance. She said she intended to challenge orders denying her request for the judge’s recusal and dismissing her complaint.
Feng submitted an affidavit stating that she could not pay the fees or provide security for costs. The court also considered whether her appeal was taken in good faith, noting that it could not conclude the appeal lacked any arguable basis in fact or law.
The court granted Feng’s motion to proceed without prepaying fees on appeal. Judge Jon S. Tigar signed the order.
The detailed version
- Yvonne Ya-Wen Feng v. Alta Bates Summit Medical Center, et al. · No. 4:25-cv-06598
- Joseph Spero
- Nov. 12, 2025
Background
Yvonne Ya-Wen Feng applied to proceed in forma pauperis on appeal to the Ninth Circuit. This means asking to pursue the appeal without prepaying court fees or providing security for costs. Feng stated that she intended to seek review of the court’s orders denying her motion for recusal and dismissing her complaint.
Court’s reasoning
Under federal law and the appellate rules, a person seeking this status must show an inability to pay, claim an entitlement to relief, and identify the issues intended for appeal. An appeal cannot proceed without prepayment if the trial court certifies that it was not taken in good faith.
The court found that Feng had submitted the required affidavit showing that she could not pay or provide security. The court also considered its earlier dismissal of Feng’s complaint under the substantiality doctrine, which bars federal courts from hearing claims that are obviously frivolous or plainly unsubstantial. Because the court could not conclude that Feng’s appeal had no arguable basis in fact or law, it determined that the appeal was taken in good faith.
Disposition
The court granted Feng’s motion to proceed in forma pauperis on appeal. Judge Jon S. Tigar signed the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.