Lyon Stone Trust v. Evans
- Susan Illston
- 3:22-cv-04470
- U.S. District Court · Northern District of California
- 1
In Lyon Stone Trust v. Evans, Judge Illston revoked fee-waiver status for an incomprehensible, frivolous appeal.
Lyon Stone Trust’s fee-waiver status for its appeal; the Ninth Circuit was the court that requested the determination.
What happened
Lyon Stone Trust v. Evans involved a Ninth Circuit request asking whether the plaintiff’s fee-waiver status should continue on appeal or whether the appeal was frivolous or brought in bad faith. The court noted that an administrative error delayed its response.
The court explained that an appeal is brought in good faith when it raises at least one non-frivolous issue. It found the plaintiff’s appeal frivolous because it was incomprehensible and had no arguable basis in fact or law.
Judge Susan Illston stated that, if the Ninth Circuit accepted the late determination, the plaintiff’s fee-waiver status was revoked. The court entered the order on December 2, 2022.
The detailed version
- Lyon Stone Trust v. Evans · No. 3:22-cv-04470
- Susan Illston
- Dec. 2, 2022
Background
The Ninth Circuit referred the matter to the district court to determine whether Lyon Stone Trust’s in forma pauperis (IFP) status—permission to pursue an appeal without paying the usual filing fees—should continue, or whether the appeal was frivolous or taken in bad faith. The district court said an administrative error prevented it from issuing the requested determination within 21 days.
The court also noted that the Ninth Circuit had previously observed, in a related proceeding, that IFP status continues unless it is revoked.
Legal standard
The court stated that an appeal is taken in good faith when it raises a non-frivolous issue. An issue is frivolous when it has no arguable basis in fact or law. The court cited authority explaining that a claim may lack such a basis when it is incomprehensible.
Ruling
The court found that Lyon Stone Trust’s appeal was frivolous because it was incomprehensible. It therefore stated that, if the Ninth Circuit accepted the late determination, Lyon Stone Trust’s IFP status was revoked. The order concluded, “IT IS SO ORDERED.”
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.