Muhammad v. Privat
- James Donato
- 3:18-cv-03601
- U.S. District Court · Northern District of California
- 1
In Muhammad v. Privat, Judge Donato terminated Muhammad’s in forma pauperis status because his appeal repeated frivolous issues and was taken in bad faith.
James Karim Muhammad, whose status allowing him to appeal without paying court fees was terminated; the Ninth Circuit was directed to receive a copy of the order.
What happened
In Muhammad v. Privat, the Ninth Circuit referred a limited question to the district court about whether James Karim Muhammad should keep his permission to proceed without paying court fees during his appeal.
The district court had previously dismissed Muhammad’s federal claims because they lacked an arguable legal or factual basis. It also denied his request to reconsider that dismissal, including his claim that the presiding judge was racially biased.
Judge Donato ruled that Muhammad was not entitled to continue proceeding without paying fees because the appeal raised essentially the same frivolous issues and was taken in bad faith. The court terminated his fee-waiver status and directed that the order be sent to Muhammad and the Ninth Circuit.
The detailed version
- Muhammad v. Privat · No. 3:18-cv-03601
- James Donato
- Sept. 20, 2019
Background
The Ninth Circuit referred a limited issue to the district court: whether James Karim Muhammad’s prior status allowing him to proceed without paying court fees should continue, or whether his appeal was frivolous and taken in bad faith. The referral cited 28 U.S.C. § 1915(e)(2), which permits review of a party’s fee-waiver status in certain circumstances.
The district court stated that Muhammad’s original federal claims had been dismissed because they lacked any arguable legal or factual basis. Muhammad then sought reconsideration, arguing that the presiding judge had been racially biased against him. The court denied that request on the same grounds. The pending appeal raised essentially the same issues.
Ruling
Judge Donato ruled that Muhammad was not entitled to continued status allowing him to appeal without paying court fees. The court found that the appeal raised essentially the same frivolous issues and was taken in bad faith. It therefore terminated Muhammad’s fee-waiver status and directed the Clerk to serve the order on Muhammad and the Ninth Circuit.
Disposition
The court terminated Muhammad’s in forma pauperis status. The opinion does not state that the court dismissed the appeal itself.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.