If an application to proceed in forma pauperis is denied as frivolous by the appellate court, can the application be considered a strike?
MultiRegion, United States of America
The following excerpt is from Ruiz v. Leyvas, Case No. 1:20-cv-00561-EPG (PC) (E.D. Cal. 2020):
1. If an application to proceed in forma pauperis is denied as frivolous by an appellate court, the case counts as a "strike" even if the appeal is not dismissed until later when the plaintiff fails to pay the filing fee. Richey v. Dahne, 807 F.3d 1202, 1208 (9th Cir. 2015).
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