Sam Sohn v. California Housing Financing Agency

Background

Sam Sohn had previously been granted permission to proceed without paying court filing fees. The court screened Sohn’s original complaint, first amended complaint, and second amended complaint under 28 U.S.C. § 1915. The court dismissed each pleading, and after the final screening it dismissed the action with prejudice.

Sohn filed a notice of appeal on August 25, 2021. The United States Court of Appeals for the Ninth Circuit referred the matter to the district court for the limited purpose of deciding whether Sohn’s permission to proceed without fees should continue during the appeal or whether the appeal was frivolous or taken in bad faith.

Court’s Reasoning

Under 28 U.S.C. § 1915(a)(3), a person may not pursue an appeal without paying fees if the trial court certifies in writing that the appeal was not taken in good faith. The court explained that an appeal is taken in good faith when it presents at least one non-frivolous issue or claim.

The court relied on its prior conclusion that Sohn had failed to allege facts supporting a claim and that nothing in the second amended complaint suggested Sohn could state a claim by amending again. Based on that history, the court concluded that Sohn had been unable to present any issue or claim with potential merit. It therefore found the appeal frivolous and not taken in good faith.

Ruling

Judge Beth Labson Freeman revoked Sohn’s permission to proceed without paying fees under 28 U.S.C. § 1915(a)(3). The Clerk was directed to notify Sohn and the Ninth Circuit. The ruling was expressly without prejudice to Sohn filing an application with the Ninth Circuit for permission to proceed without fees.