Hayes v. Facebook
- Haywood Gilliam
- 4:19-cv-02106
- U.S. District Court · Northern District of California
- 1
In Hayes v. Facebook, Judge Gilliam denied Hayes’s request to proceed without paying court fees on appeal, finding the appeal frivolous and not brought in good faith.
Thomas Hayes’s ability to proceed without paying court fees during his appeal; Facebook was the defendant in the underlying case.
What happened
In Hayes v. Facebook, Thomas Hayes appealed the Court’s September 5, 2019 order dismissing his complaint with prejudice. The Ninth Circuit asked the District Court to decide whether Hayes could continue appealing without paying court fees.
The District Court found that the appeal was frivolous and was not brought in good faith. It therefore denied Hayes permission to proceed without paying court fees on appeal.
Judge Haywood S. Gilliam, Jr. issued the order on October 1, 2019. The order addressed only Hayes’s request to proceed without paying fees during the appeal.
The detailed version
- Hayes v. Facebook · No. 4:19-cv-02106
- Haywood Gilliam
- Oct. 1, 2019
Background
On September 18, 2019, Thomas Hayes filed a notice of appeal from the Court’s September 5, 2019 order dismissing his complaint with prejudice. On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit referred the matter to the District Court for the limited purpose of deciding whether Hayes’s permission to proceed without paying court fees should continue on appeal.
Ruling
The District Court found that the issues presented by the appeal were frivolous and that the appeal was not taken in good faith. Under 28 U.S.C. §§ 1915(a)(3) and (e)(2)(B), and the authority cited by the Court, it denied Hayes leave to proceed without paying court fees on appeal.
Disposition and Scope
The order denied permission to proceed without paying court fees on appeal. It did not reconsider the earlier order dismissing the complaint with prejudice. Judge Haywood S. Gilliam, Jr. signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.