Ybarra v. Kallis

Background

Jeremiah Ybarra applied to proceed in forma pauperis, meaning to pursue an appeal without paying the required filing fees. The appeal followed this court’s dismissal of Ybarra’s petition for a writ of habeas corpus for lack of jurisdiction.

Court’s Analysis

The court determined that Ybarra qualified for in forma pauperis status. Under 28 U.S.C. § 1915(a)(3), a trial court may not allow an appeal without payment of fees if it certifies that the appeal is not taken in good faith. An appeal is taken in good faith when it seeks review of an issue that is not frivolous.

The court explained that Ybarra’s petition directly attacked the validity of his federal conviction and sentence. It therefore concluded that the petition was barred by the exclusive-remedy rule in 28 U.S.C. § 2255(e). Ybarra had not explained why that rule did not prevent his petition.

Ybarra also had not objected to Magistrate Judge Hildy Bowbeer’s August 30, 2021, report and recommendation, which recommended dismissal under Section 2255(e). Because he did not object, the court stated that he would need to show on appeal that the report’s findings and conclusions were clearly erroneous. The court could not identify a legal theory on which Ybarra could make that showing.

Disposition

The court granted Ybarra’s application to proceed in forma pauperis on appeal. It explained that it was doing so to avoid foreclosing any argument Ybarra might make, despite the court’s inability to identify a legal theory supporting the appeal. Judge Wilhelmina M. Wright signed the order.