Huang v. Small Business Administration
- Beth Freeman
- 5:22-cv-03363
- U.S. District Court · Northern District of California
- 3
In Huang v. Small Business Administration, Judge Freeman denied Huang’s request to appeal without prepaying fees, finding the appeal was not taken in good faith.
Jingli Huang’s ability to pursue his appeal without prepaying fees was affected. The order concerned his application and did not alter the defendants’ position beyond the previously entered dismissal.
What happened
Jingli Huang, representing himself, asked to appeal without paying court fees after the court dismissed his amended complaint without allowing another amendment. The defendants were the Small Business Administration and others.
The court found that Huang planned to repeat arguments he had already made and that those arguments would not present a non-frivolous issue on appeal. It therefore concluded that the appeal was not being pursued in good faith.
Judge Beth Labson Freeman denied Huang’s request to proceed without prepaying fees. The order says Huang may renew that request with the Ninth Circuit.
The detailed version
- Huang v. Small Business Administration · No. 5:22-cv-03363
- Beth Freeman
- May 17, 2023
Background
Jingli Huang, proceeding without a lawyer, brought this case against the Small Business Administration and other defendants. The court initially allowed Huang to proceed without paying filing fees, but screened his complaints under 28 U.S.C. § 1915 and dismissed them while allowing amendment in part. After Huang filed a second amended complaint, the court allowed service on the defendants despite continuing problems identified in its earlier screening orders.
The defendants moved to dismiss. On April 19, 2023, the court granted that motion and dismissed the second amended complaint without leave to amend. Huang then filed a notice of appeal and an application to proceed on appeal without prepaying fees.
Issue and analysis
Under 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24, a person seeking to appeal without prepaying fees must provide the required financial information and identify a non-frivolous issue. The court explained that an appeal is taken in good faith when it seeks review of a non-frivolous issue—one with an arguable basis in fact or law.
Huang said he intended to make the same arguments on appeal that he had made in the district court. The court found that none of those arguments would be non-frivolous if repeated on appeal and concluded that Huang had no valid basis for the appeal.
Disposition
The court certified that Huang’s appeal was not taken in good faith under § 1915(a)(3) and denied his application to proceed without prepaying fees on appeal. The order states that the denial is without prejudice to renewing the request with the Ninth Circuit.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.