Stuckey v. Trump
- Yvonne Rogers
- 4:19-cv-03688
- U.S. District Court · Northern District of California
- 1
In Stuckey v. Trump, Judge Rogers revoked Stuckey’s appeal fee waiver, certifying the appeal as not taken in good faith and frivolous.
Andre Kenneth Stuckey’s ability to pursue his appeal without paying the filing fee; the Ninth Circuit was also directed to receive notice of the order.
What happened
Stuckey v. Trump was a closed federal civil-rights case filed by Andre Kenneth Stuckey, a state prisoner representing himself. The court had dismissed the action and entered judgment on January 29, 2020, and Stuckey then appealed.
The Ninth Circuit asked the district court to decide whether Stuckey could continue appealing without paying the filing fee. The district court found no valid grounds for an appeal and certified that an appeal from the dismissal order and judgment would not be taken in good faith and was frivolous.
Judge Onne Gonzalez Rogers revoked Stuckey’s status allowing him to appeal without paying the fee. The clerk was ordered to notify Stuckey and the Ninth Circuit. The order states that Stuckey may ask the Ninth Circuit for permission to proceed without paying within 30 days after receiving notice.
The detailed version
- Stuckey v. Trump · No. 4:19-cv-03688
- Yvonne Rogers
- Mar. 24, 2020
Background
Andre Kenneth Stuckey, a state prisoner representing himself, filed this federal civil-rights action. The court issued an order dismissing the action and entered judgment on January 29, 2020. Stuckey filed a notice of appeal on March 2, 2020.
Issue
The Ninth Circuit referred the matter to the district court to determine whether Stuckey’s status allowing him to appeal without paying the filing fee should continue. This status is commonly called proceeding “in forma pauperis,” or proceeding without paying the usual court fees.
Ruling
The court determined that Stuckey’s fee-free appeal status should not continue. It found that there were no valid grounds for an appeal and certified that an appeal from the January 29 dismissal order and accompanying judgment would not be taken in good faith and was therefore frivolous. The court revoked Stuckey’s fee-free appeal status.
Next step stated in the order
The clerk was ordered to notify Stuckey and the Ninth Circuit. The order states that Stuckey may file a motion with the Ninth Circuit for permission to proceed without paying the fee within 30 days after receiving notice. That motion must include the affidavit filed in the district court and the district court’s reasons for revoking the status.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.