Background
The plaintiff, proceeding pro se, appealed the dismissal of his civil action against a defendant for lack of subject-matter jurisdiction and failure to state a claim. The district court had also denied his postjudgment motion. The plaintiff sought leave to proceed in forma pauperis, challenging the certification that his appeal was not taken in good faith.
The court’s reasoning
The court held that an inquiry into whether an appeal is taken in good faith is limited to whether the appeal involves legal points arguable on their merits. The plaintiff showed a nonfrivolous issue for appeal and qualified as a pauper, warranting the grant of in forma pauperis status. While the plaintiff failed to show error regarding dismissal prior to service, the court found that the district court erred by failing to consider the amended complaint. Because the defendant had not been served, the plaintiff was allowed to amend as a matter of course, and the amended complaint superseded the original. The district court effectively deprived the plaintiff of the opportunity to seek leave to amend under discretionary provisions by denying the postjudgment motion first.
What it means going forward
The judgment is vacated and the case is remanded for the district court to consider in the first instance whether the plaintiff should be permitted to further amend his complaint.
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