The Ninth Circuit affirmed a district court order denying a motion to proceed in forma pauperis. The court held that the appeal was moot because the appellant had already paid the required filing fee.
Lawrence J. Gerrans appealed pro se from a district court order denying his motion to proceed in forma pauperis in an action brought under the Racketeer Influenced and Corrupt Organizations Act.
The court’s reasoning
The panel unanimously concluded that the district court did not abuse its discretion in denying the motion. The court relied on Ninth Circuit precedent stating that an appeal from the denial of an in forma pauperis application is moot if the filing fee has already been paid.
What it means going forward
Litigants seeking to proceed without prepayment of fees must ensure they have not already satisfied the filing requirement, or their appeals regarding in forma pauperis status may be dismissed as moot.
