Duran v. Williams
| Pro se litigant Sabrina M Williams |
| Sabrina M Williams and Dilcia Duran |
| 1:2023cv13182 |
| December 22, 2023 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Civil Rights Act |
| None |
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| Document Text |
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| Filing 11 USCA Case Number 24-1110 for #7 Notice of Appeal, filed by Sabrina M Williams. (Paine, Matthew) |
| Filing 10 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #7 Notice of Appeal. (Paine, Matthew) |
| Filing 9 Judge Indira Talwani: ELECTRONIC ORDER entered. On January 25, 2025, Sabrina Williams filed a Notice of Appeal [Doc. No. 7] of the court's Order [Doc. No. 5] remanding this action to the Essex District Court and an application for leave to proceed on appeal in forma pauperis [Doc. No. 8]. Under Federal Rule of Appellate Procedure 24(a)(3), a party who proceeded in forma pauperis in the district court, like Ms. Williams, may proceed on appeal in forma pauperis without further authorization, unless "the district court certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis." Fed. R. App. P. 24(a)(3)(A). For these purposes, "good faith" is measured objectively. An "applicant's good faith is established by the presentation of any issue that is not plainly frivolous." Ellis v. United States, 356 U.S. 674, 674 (1958); see In re Woods, No. 20-1991, 2021 WL 1799849, at *1 (1st Cir. 2021) (noting that good faith is lacking if appellant has "failed to identify any non frivolous argument on appeal"). Here, the court certifies that Ms. Williams' appeal is not taken in good faith where her notice of appeal fails to identify any legal issues in support of her appeal. Accordingly, the motion for leave to appeal in forma pauperis [Doc. No. 8] is DENIED. This ruling does not prevent Ms. Williams from seeking permission to proceed in forma pauperis on appeal directly from the First Circuit pursuant to Federal Rule of Appellate Procedure 24(a)(5). The Clerk shall transmit a copy of this Order to the First Circuit. See Fed. R. App. P. 24(a)(4).(PSSA, 4) |
| Filing 8 MOTION for Leave to Appeal in forma pauperis by Sabrina M Williams. (Attachments: #1 Affidavit)(Kelly, Danielle) |
| Filing 7 NOTICE OF APPEAL as to #4 Order on Motion for Leave to Proceed in forma pauperis, #5 Order of Remand to the State Court by Sabrina M Williams NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/14/2024. (Kelly, Danielle) |
| Filing 6 Case file sent to Essex District Court. (Kelly, Danielle) |
| Filing 5 Judge Indira Talwani: ORDER entered. ORDER OF REMAND. Please see attached. (Kelly, Danielle) |
| Filing 4 Judge Indira Talwani: ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis. This action is REMANDED to the Essex District Court. The clerk is directed to enter an order of remand immediately, promptly notify the Essex District Court in accordance with 28 U.S.C. 1447(c), and close this action. (PSSA, 4) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Cook, Savannah) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sabrina M Williams.(Castilla, Francis) |
| Filing 1 NOTICE OF REMOVAL by Sabrina M Williams from Suffolk, case number District 2023-J-0682. (Attachments: #1 Civil Cover Sheet Category Form)(Castilla, Francis) |
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