Henderson v. Lewis
- Haywood Gilliam
- 4:17-cv-06977
- U.S. District Court · Northern District of California
- 1
In Henderson v. Lewis, Judge Gilliam denied Henderson’s second request to appeal without prepaying fees because the appeal was frivolous.
Darren Henderson, the self-represented plaintiff, was denied permission to appeal without prepaying court fees; the case remained closed.
What happened
Darren Henderson, a California prisoner representing himself, brought a civil-rights case under federal law against J. Lewis and others. The opinion does not describe the underlying claims.
Henderson asked to appeal without prepaying court fees. He attached a prison trust-account statement, but the court said the request was otherwise the same as his earlier request.
The court denied the second request for the same reason as before: it found the appeal frivolous. Judge Haywood S. Gilliam, Jr. ordered the matter closed and directed the clerk to send the order to the Court of Appeals.
The detailed version
- Henderson v. Lewis · No. 4:17-cv-06977
- Haywood Gilliam
- Oct. 10, 2019
Background
Darren Henderson, identified as a California prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against J. Lewis and other defendants. The opinion does not explain the claims or the case’s earlier rulings.
Motion
Henderson moved for permission to proceed in forma pauperis on appeal, meaning to appeal without prepaying the required court fees. The court had already denied an earlier request on the ground that the appeal was frivolous, citing 28 U.S.C. § 1915(a)(3) and Ninth Circuit precedent. The new motion appeared to be a copy of the earlier motion, but included a prison trust-account statement.
Ruling
The court denied Henderson’s second request for permission to proceed without prepaying appeal fees for the same reasons it had denied the first request. The order terminated docket entry 67, stated that the case remained closed, and directed the clerk to send a copy to the Court of Appeals. 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.