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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

COLLEEN DENISE WALKER,

Plaintiff,

v.

CA EMPLOYMENT DEVELOPMENT 

DEPT.,

Defendant.

Case No. 17-cv-00071-JCS 

ORDER TO SHOW CAUSE WHY IN 

FORMA PAUPERIS STATUS SHOULD 

NOT BE REVOKED ON APPEAL

Plaintiff Colleen Denise Walker, pro se and in forma pauperis, filed this action alleging 

discrimination by her former employer. The Court reviewed Walker’s first amended complaint 

sua sponte pursuant to 28 U.S.C. § 1915 and dismissed with leave to amend for failure to state a 

claim, holding that, among other deficiencies, no factual allegation of that complaint plausibly 

supported the conclusion that the employer took any adverse action because Walker was a 

member of a protected class. Walker filed a second amended complaint, but the Court held that 

she once again failed to include such allegations, and dismissed without leave to further amend.

Walker has filed a notice of appeal of the Court’s order dismissing the action and seeks to 

maintain her in forma pauperis status on appeal. The Ninth Circuit referred the matter to this 

Court to determine “whether in forma pauperis status should continue for this appeal or whether 

the appeal is frivolous or taken in bad faith.” Walker v. Emp’t Dev. Dep’t, No. 17-16486, ECF 

Doc. No. 2 (9th Cir. Aug. 1, 2017) (citing 28 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 

F.3d 1091, 1092 (9th Cir. 2002)).

There is no indication of bad faith. As for whether the appeal is frivolous, the Court is not 

aware of any error or basis for disagreement in its previous order that would support an appeal, but 

without knowing the arguments that Walker intends to raise, the Court hesitates to presume that 

any such argument would be frivolous. Walker is therefore ORDERED TO SHOW CAUSE why 
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United States District Court

Northern District of California

her in forma pauperis status should not be revoked for the purpose of her appeal, by filing a short

statement of the arguments she intends to raise on appeal (not exceeding five pages) no later than 

August 16, 2017. The Court finds the matter suitable for resolution without oral argument and 

declines to set a hearing.

Walker, who is not represented by counsel, is encouraged to consult with the Federal Pro 

Bono Project’s Legal Help Center in either of the Oakland or San Francisco federal courthouses 

for assistance. The San Francisco Legal Help Center office is located in Room 2796 on the 

fifteenth floor at 450 Golden Gate Avenue, San Francisco, California. The Oakland office is 

located in Room 470-S on the fourth floor at 1301 Clay Street, Oakland, California. 

Appointments can be made by calling (415) 782-8982 or signing up in the appointment book 

located outside either office, and telephone appointments are available. Lawyers at the Legal Help 

Center can provide basic assistance to parties representing themselves but cannot provide legal 

representation.

IT IS SO ORDERED.

Dated: August 2, 2017

______________________________________

JOSEPH C. SPERO

Chief Magistrate Judge