Washington v. Keegan
- Susan Illston
- 3:22-cv-03028
- U.S. District Court · Northern District of California
- 1
In Washington v. Keegan, Judge Illston revoked Jason Levette Washington’s fee-free appeal status after certifying the appeal was frivolous and not taken in good faith.
Jason Levette Washington’s ability to proceed without paying court fees on appeal.
What happened
In Washington v. Keegan, the court had dismissed Jason Levette Washington’s first amended complaint because it still did not state a valid claim and improperly sought review of a state-court judgment.
The court explained that an appeal is taken in good faith when it raises at least one non-frivolous issue. An issue is frivolous when it has no arguable basis in fact or law. The court found that Washington’s appeal was frivolous and not taken in good faith.
Judge Susan Illston therefore revoked Washington’s permission to proceed without paying fees on appeal. The order did not separately state that the appeal itself was dismissed.
The detailed version
- Washington v. Keegan · No. 3:22-cv-03028
- Susan Illston
- Apr. 12, 2023
Background
The court had previously dismissed Jason Levette Washington’s first amended complaint. According to this order, the amended complaint failed to correct the problems in the original complaint, failed to state a claim on which the court could grant relief, and sought federal-court review of a state-court judgment, which the court identified as barred by the Rooker-Feldman doctrine. That doctrine generally prevents a federal district court from acting as an appeals court over a state-court judgment.
Appeal standard
The order concerned Washington’s request to proceed without paying court fees on appeal. The court explained that an appeal is taken in “good faith” when it seeks review of at least one non-frivolous issue. The standard is objective. An issue is frivolous when it has no arguable basis in fact or law.
Ruling
The court certified that Washington’s appeal was frivolous and was not taken in good faith. Under 28 U.S.C. § 1915(a)(3), Judge Susan Illston revoked Washington’s permission to proceed without paying fees on appeal. 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.