Bush v. Walensky
- Yvonne Rogers
- 4:21-cv-05825
- U.S. District Court · Northern District of California
- 2
In Bush v. Walensky, Judge Rogers revoked Bush’s fee-free appeal status, finding the appeal frivolous.
William David Bush’s ability to pursue his appeal without paying fees was affected. The Clerk and the Ninth Circuit were directed to receive notice of the order.
What happened
Bush v. Walensky concerns whether William David Bush could continue appealing the case without paying the required fees. The Ninth Circuit asked the district court to decide whether his status allowing him to proceed without fees should continue.
The district court said there were 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. It revoked Bush’s status for the appeal.
Judge Rogers ordered the Clerk to notify Bush and the Ninth Circuit. The order says Bush may ask the Ninth Circuit directly for permission to proceed without fees within 30 days after receiving notice.
The detailed version
- Bush v. Walensky · No. 4:21-cv-05825
- Yvonne Rogers
- Nov. 5, 2021
Background
On October 25, 2021, the court adopted a magistrate judge’s report and recommendation and dismissed William David Bush’s complaint for failure to state a claim. Bush filed a notice of appeal from that order on November 1, 2021.
On November 5, 2021, the Ninth Circuit referred the matter to the district court to determine whether Bush’s in forma pauperis (IFP) status should continue for the appeal. IFP status allows a litigant to pursue a case without paying the usual court fees.
Ruling
The court determined that Bush’s IFP status should not continue. It found that there were no valid grounds for an appeal and certified that any appeal from the dismissal order and judgment would not be taken in good faith and was therefore frivolous. The court revoked Bush’s IFP status.
The Clerk was ordered to promptly notify Bush and the Court of Appeals. The order states that Bush may file a motion with the Ninth Circuit for permission to proceed IFP on appeal within 30 days after receiving notice of the district court’s order. That motion must include the affidavit filed in the district court and the district court’s reasons for revoking IFP status.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.