Drevaleva v. Alsup
- Charles Breyer
- 3:21-cv-05348
- U.S. District Court · Northern District of California
- 1
In Drevaleva v. Alsup, Judge Breyer found the appeal frivolous and revoked Drevaleva’s status allowing her to appeal without paying filing fees.
Tatyana Evgenievna Drevaleva’s ability to appeal without paying filing fees was affected.
What happened
In Drevaleva v. Alsup, the Ninth Circuit sent the case back to the district court to decide whether Tatyana Evgenievna Drevaleva could continue appealing without paying filing fees or whether her appeal was frivolous.
The court relied on its earlier conclusion that judicial immunity barred the lawsuit. It also noted that Drevaleva had admitted her allegations were not supported by evidence. The court said it saw no basis for the suit and concluded that the appeal was frivolous.
Judge Charles R. Breyer therefore revoked Drevaleva’s status allowing her to appeal without paying filing fees. The order was entered on January 4, 2022.
The detailed version
- Drevaleva v. Alsup · No. 3:21-cv-05348
- Charles Breyer
- Jan. 4, 2022
Background
The Ninth Circuit referred the case to the Northern District of California for the limited purpose of deciding whether Tatyana Evgenievna Drevaleva’s status allowing her to proceed on appeal without paying filing fees should continue, or whether the appeal was frivolous. The opinion does not describe the underlying claims in detail. It states that the district court’s earlier orders had concluded that judicial immunity barred the lawsuit.
Court’s reasoning
The court cited its prior order adopting a report and recommendation, as well as the report and recommendation itself, concerning judicial immunity. The court also noted that Drevaleva had stated that her allegations were “not supported by any piece of evidence.” Based on those points, the court said it saw no basis for the suit and concluded that the appeal was frivolous under 28 U.S.C. § 1915(a)(3).
Ruling
Judge Charles R. Breyer responded to the Ninth Circuit’s referral by revoking Drevaleva’s status allowing her to appeal without paying filing fees. The order did not state that the appeal itself was dismissed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.