Charles Podaras v. City of Menlo Park, California, et al.
SocialSecurity JusticiabilityDoctri
Whether the Ninth Circuit erred in not permitting the petitioner to proceed on appeal in forma pauperis without further authorization
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