Frost v. Ducart

Background

This was a closed civil-rights action under 42 U.S.C. § 1983 brought by Shawn Kevin Frost, who represented himself. Frost’s claims arose from alleged retaliation by the defendants after he filed an inmate appeal. On March 23, 2020, the court granted the defendants’ motion for summary judgment and entered judgment for them.

On May 26, 2020, Frost filed a request for a certificate of appealability, stating that he sought one in connection with a possible appeal. A certificate of appealability is a document required for an appeal from certain detention-related proceedings. The court explained that this requirement did not apply to Frost’s § 1983 case.

Rulings

The court denied as unnecessary Frost’s request for a certificate of appealability. It construed the filing instead as three things: a notice of appeal from the March 23 summary-judgment order, a request to proceed without paying appeal fees, and a motion for more time to appeal.

The court denied without prejudice Frost’s request to proceed without paying appeal fees in the district court, stating that he could bring that request directly in the U.S. Court of Appeals for the Ninth Circuit. The court noted that the request appeared to be made in good faith and that Frost had previously been allowed to proceed without paying fees in the district court.

The court granted Frost’s motion for an extension of time to appeal. It found that his filing, treated as a notice of appeal, was made within the applicable 180-day period and that no party would be prejudiced. The clerk was ordered to process the notice of appeal. The order terminated Docket No. 43.

Classification and effect

This is a procedural order addressing appellate paperwork, appeal-fee status, and the filing deadline. It does not reconsider the earlier judgment for the defendants or decide the underlying retaliation claims. Judge Yvonne Gonzalez Rogers issued the order.