Khan v. City of Pinole Police Department
- Yvonne Rogers
- 4:19-cv-06316
- U.S. District Court · Northern District of California
- 1
In Khan v. City of Pinole Police Department, Judge Rogers revoked David Khan’s fee-free appeal status after finding his appeal frivolous.
David Khan’s ability to pursue his appeal without paying the filing fee was affected. The order also directed the clerk to notify Khan and the Ninth Circuit.
What happened
In Khan v. City of Pinole Police Department, the court had previously granted the defendants’ motions to dismiss. David Khan appealed that order, and the Ninth Circuit asked the district court whether Khan could continue appealing without paying the filing fee.
The district court found that there were no valid grounds for the appeal and certified that it was not brought in good faith. It therefore revoked Khan’s status allowing him to appeal without paying the fee.
Judge Yvonne Gonzalez Rogers ordered the clerk to notify Khan and the Ninth Circuit. The order states that Khan may ask the Ninth Circuit within 30 days to proceed without paying the fee.
The detailed version
- Khan v. City of Pinole Police Department · No. 4:19-cv-06316
- Yvonne Rogers
- Aug. 4, 2020
Background
On July 2, 2020, the court granted the defendants’ motions to dismiss. David Khan filed a notice of appeal from that order the same day. The Ninth Circuit referred the matter to the district court to decide whether Khan’s status allowing him to proceed without paying court fees should continue for the appeal.
Court’s analysis
The court determined that Khan’s status should not continue. It stated that there were no valid grounds for an appeal from the July 2 order and certified under 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24 that any such appeal would not be taken in good faith and was frivolous.
Ruling
The court revoked Khan’s status allowing him to appeal without paying the filing fee. It ordered the clerk to notify Khan and the Ninth Circuit. The order states that Khan 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 Khan filed in the district court and the district court’s reasons for revoking his status.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.