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Hooker v. American Airlines

United States Court of Appeals, Ninth Circuit
Sep 12, 2002
302 F.3d 1091 (9th Cir. 2002)

Summary

holding that if at least one claim is non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole

Summary of this case from Phillips v. Ayers

Opinion

No. 02-55646.

Filed September 12, 2002.

Before TASHIMA and RAWLINSON, Circuit Judges.


ORDER

Matthew Hooker appeals the district court's judgment dismissing his case. Hooker asserted various causes of action stemming from an alleged drugging incident on board an international airline flight from Los Angeles to Barcelona.

The district court granted in part and denied in part Hooker's motion to proceed on appeal in forma pauperis. The district court found the appeal was taken in good faith as to Hooker's personal injury claim, property loss claim, and prayers for punitive and emotional distress damages. However, the district court found Hooker's appeal from the dismissal of the intentional tort, negligence, assault and battery, and fraud claims to be frivolous.

Hooker then moved this court to proceed on appeal in forma pauperis as to all issues.

We hold that Hooker is entitled to in forma pauperis status for this appeal in toto because the district court found portions of the appeal to be taken in good faith. We conclude that 28 U.S.C. § 1915(a) requires in forma pauperis status to be authorized for an appeal as a whole and not on a piecemeal basis by particular claims. We agree with and adopt the reasoning of the Seventh Circuit:

Section 1915 and [Federal Rules of Appellate Procedure] Rule 24 are the pertinent texts. Each speaks of a judge authorizing a "suit, action or proceeding" (§ 1915) or "an action" (Rule 24) — thus referring to a case, a single judicial unit. Neither statute nor rule suggests that a court may grant leave to proceed on one claim of a suit but not on another. The power to deny leave to proceed in forma pauperis if the court certifies that the appeal is frivolous also deals with the case as a whole: § 1915(a) speaks of "[t]he appeal" and not of a particular argument on appeal.
Dixon v. Pitchford, 843 F.2d 268, 270 (7th Cir. 1988). Consequently, the district court erred by granting Hooker only partial leave to proceed in forma pauperis on appeal. If at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole. Accordingly, Hooker's motion to proceed in forma pauperis is granted.


Summaries of

Hooker v. American Airlines

United States Court of Appeals, Ninth Circuit
Sep 12, 2002
302 F.3d 1091 (9th Cir. 2002)

holding that if at least one claim is non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole

Summary of this case from Phillips v. Ayers

holding that if at least one issue or claim is non-frivolous, the appeal must proceed in forma pauperis as a whole

Summary of this case from Hammler v. Oliveira

holding that if at least one issue or claim is non-frivolous, the appeal must proceed in forma pauperis as a whole

Summary of this case from Reinhardt v. Hamlin

holding that revocation of previously-granted IFP status is appropriate where the district court finds the appeal frivolous

Summary of this case from Van Dusen v. Purcell

holding that revocation of previously-granted IFP status is appropriate where the district court finds the appeal frivolous

Summary of this case from Watson v. City of S.F.

holding that if at least one issue or claim is non-frivolous, the appeal must proceed in forma pauperis as a whole

Summary of this case from Bettencourt v. McCabe

holding that 28 U.S.C. § 1915 requires IFP status to be authorized for an appeal as a whole and not on a piecemeal basis

Summary of this case from Reddy v. Nuance Communications, Inc.

holding that 28 U.S.C. § 1915 requires IFP status to be authorized for an appeal as a whole and not on a piecemeal basis

Summary of this case from Nkwuo v. MetroPCS, Inc.

holding that in forma pauperis status must be authorized as a whole and not on a piecemeal basis

Summary of this case from Scottrade, Inc. v. Davenport

holding that 28 U.S.C. § 1915 requires IFP status to be authorized for an appeal as a whole and not on a piecemeal basis

Summary of this case from Portnov v. Carnival Corporation

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from Griffin v. Kelso

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from McGlauthing v. Educ. Credit Mgmt. Corp.

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from Woolfolk v. Brown

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from Dixon v. Singh

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from Dixon v. Singh

Recognizing that an appellant is entitled to proceed in forma pauperis if any portion of the appeal is taken in good faith

Summary of this case from Frost v. Schriro

Recognizing that an appellant is entitled to proceed in forma pauperis if any portion of the appeal is taken in good faith

Summary of this case from Frost v. Schriro

recognizing that revocation of in forma pauperis status is appropriate where a district court finds the appeal to be frivolous

Summary of this case from James v. Townsley

applying 28 U.S.C. §1915 to a non-prisoner civil case

Summary of this case from Nair v. Toth

noting that an appeal is taken in "good faith" if it seeks review of "non-frivolous" issues

Summary of this case from Valdez v. Walker

noting that, "[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole"

Summary of this case from Dantzler v. City of S.F.

equating "not taken in good faith" with "frivolous"

Summary of this case from Steele v. Holland

stating that "[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole"

Summary of this case from Mikels v. Estep

stating that "[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole"

Summary of this case from Daria v. Hurly

stating that "[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis on appeal must be granted for the case as a whole"

Summary of this case from Wyrzykowski v. County of Marin
Case details for

Hooker v. American Airlines

Case Details

Full title:Matthew HOOKER, Plaintiff-Appellant, v. AMERICAN AIRLINES; Iberia Airlines…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 12, 2002

Citations

302 F.3d 1091 (9th Cir. 2002)

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