United States District Court, D. Hawaii
ORDER DENYING REQUEST TO PROCEED IN FORMA PAUPERIS ON
APPEAL; FORM 4
Oki Mollway, United States District Judge
action arose out of a state-court foreclosure of Plaintiff
Sarah Margaret Taylor's mortgage. See 3CC
14-1-000289. That state-court foreclosure gave rise to two
separate federal cases. First, on January 16, 2015, Taylor
removed the state-court foreclosure action to this court.
See Notice of Removal, Civ. No. 15-00018 DKW/KSC. On
March 10, 2015, Judge Derrick Watson adopted findings and a
recommendation to remand the foreclosure proceedings to state
court. See Civ. No. 15-00018 DKW/KSC, ECF No. 15.
Second, Taylor filed the present case, which lists claims
that relate to the foreclosure.
September 9, 2016, this judge dismissed the federal claims
asserted in Taylor's Amended Complaint and declined to
exercise supplemental jurisdiction over the remaining
state-law claims. See ECF No. 81. Judgment was
entered the same day. See ECF No. 82.
October 12, 2016, Taylor filed a Notice of Appeal and a
motion for leave to proceed in forma pauperis.
See ECF No. 84. Although Taylor's Notice of
Appeal also lists the case numbers for the state-court action
and the remand of that removed case by Judge Watson, this
order is limited to the case before this judge, Civil No.
15-00265 SOM/KSC. Taylor's notice of appeal should not
include the state-court action. A final state-court order or
judgment may not be appealed to a federal court. See
Bianchi v. Rylaarsdam, 334 F.3d 895, 900-02
(9th Cir. 2003).
Watson has already denied Taylor's request to proceed
in forma pauperis in Civil No. 15-00018 DKW/KSC.
See Civ. No. 15-00018 DKW/KSC, ECF No. 24. The court
here denies Taylor's request to proceed in forma
pauperis on her appeal in this separate action.
24(a)(1) of the Federal Rules of Appellate Procedure states:
Except as stated in Rule 24(a)(3), a party to a
district-court action who desires to appeal in forma pauperis
must file a motion in the district court. The party must
attach an affidavit that:
(A) shows in the detail prescribed by Form 4 of the Appendix
of Forms the party's inability to pay or to give security
for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on
Rule 24(a)(3) of the Federal Rules of Appellate Procedure
A party who was permitted to proceed in forma pauperis in the
district-court action, or who was determined to be
financially unable to obtain an adequate defense in a
criminal case, 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 ...