No. 18-5410

Charles Podaras v. City of Menlo Park, California, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure circuit-split civil-procedure district-court due-process federal-rules-of-appellate-procedure good-faith good-faith-appeal in-forma-pauperis informal-form-brief ninth-circuit pro-se pro-se-litigant statement-of-reasons written-reasons
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the Ninth Circuit erred in not permitting the petitioner to proceed on appeal in forma pauperis without further authorization

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Federal Rules of Appellate Procedure provide that a party to a district-court action who was permitted to proceed in forma pauperis in the district-court action may proceed on appeal in forma pauperis without further authorization, unless (A) the district court — before or after the notice of appeal is filed — certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or (B) a statute provides otherwise. See Fed. R. App. P. 24(a)(8). Petitioner N. Charles Podaras was permitted to proceed in forma pauperis for the _. duration of the district-court action preceding his appeal in the United States Court of Appeals for the Ninth Circuit. After Petitioner's notice of appeal was filed; the district court, in an order revoking Petitioner's in forma pauperis status, certified that the appeal was not taken in good faith. Neither accompanying the certification nor independently, did the district court provide an apprisal of the reasons for its certification. As well, neither in its order nor in any other order, judgement, or issued document did the district court present an apprisal that Petitioner was not otherwise entitled to proceed in forma pauperis. Petitioner was not permitted to proceed on appeal in forma pauperis without further authorization. RE , The Ninth Circuit provides a unique informal form brief available for use by ~ parties proceeding on appeal without the assistance of counsel. The document is structured in a question-and-answer format. we ii : : The questions presented are: 1/ Whether the Ninth Circuit — acting in contravention of Federal Rules of Appellate Procedure; and splitting with holdings of multiple courts of appeals, including the Fifth and Seventh Circuits — erred in not permitting to proceed on appeal in forma pauperis without further authorization. 2/ Whether the Ninth Circuit — acting in contravention of requirements dictated by Federal Rules of Appellate Procedure; and splitting with holdings of multiple courts of : appeals, including the Fifth and Seventh Circuits — erred in not requiring the district ~ court to provide a statement of reasons for certifying that appeal , was not taken in good faith. : . 3/ Whether a court of appeals may treat differently the appeal of a party utilizing ‘ that court's informal form brief which is provided for use by parties proceeding on appeal without the assistance of counsel; by failing to examine facts in the record cited to from within the structure of the informal form brief. ~ re iii

Docket Entries

2018-10-09
Petition DENIED.
2018-09-18
Waiver of right of respondent County of San Mateo to respond filed.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-08-30
Waiver of right of respondents Superior Court of California, County of San Mateo, Judicial Council of California, John C. Fitton, Janice Antonini and Jorge Melendrez to respond filed.
2018-08-02
Waiver of right of respondent The State Bar of California to respond filed.
2018-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2018)

Attorneys

Charles Podaras
Charles Podaras — Petitioner
Charles Podaras — Petitioner
County of San Mateo
Judith A. HoliberSan Mateo County Counsel's Office, Respondent
Judith A. HoliberSan Mateo County Counsel's Office, Respondent
Superior Court of California, County of San Mateo, Judicial Council of California, John C. Fitton, Janice Antonini and Jorge Melendrez
Rick William JarvisJarvis, Fay & Gibson, LLP, Respondent
Rick William JarvisJarvis, Fay & Gibson, LLP, Respondent
The State Bar of California
Robert G. RetanaState Bar of California, Respondent
Robert G. RetanaState Bar of California, Respondent