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Order denying 59 Motion to Proceed In Forma Pauperis on Appeal — No. 1:21-cv-00748 (Dkt. 95)

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An order of U.S. District Judge Steven J. McAuliffe in Natasha Marie Athens v. Bank of America, N.A., and Meghan Scholz, Case No. 21-cv-748-SM, in the U.S. District Court for the District of New Hampshire, dated February 4, 2022 and filed as Document 95. It rules on five motions (Doc. Nos. 59, 63-1, 82, 85, 86-1) seeking leave to proceed in forma pauperis in the plaintiff's interlocutory appeals, assigned First Circuit Case Nos. 21-1964, 21-1965, 22-1004, 22-1083 and 22-1084. Applying the objective good faith standard of 28 U.S.C. § 1915(a)(3), the court finds each appeal frivolous or lacking any arguable basis in law or fact. It certifies that the appeals are not taken in good faith and denies each motion.

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“Order denying 59 Motion to Proceed In Forma Pauperis on Appeal — No. 1:21-cv-00748 (Dkt. 95).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-denying-59-motion-to-proceed-in-forma-pauperis-on-appeal-no-1-21-4edf1fc2c6/, SHA-256 9d3d46c56e73d41d6925bd091232936671947ff1b52eddd69b63336aa08134d6.

Full text

         Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 1 of 7



                      UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF NEW HAMPSHIRE

Natasha Marie Athens

    v.                                         Case No. 21-cv-748-SM

Bank of America, N.A.,
and Meghan Scholz


                                 O R D E R

     Before the court are notices of interlocutory appeal filed

by plaintiff, Natasha Marie Athens, as well as five motions

(Doc. Nos. 59, 63-1, 82, 85, 86-1), seeking leave to proceed in

forma pauperis (“IFP”) in her appeals in the following matters:

         •        Her appeal of the November 22, 2021 Order, as to

             which Ms. Athens filed her (first) notice of appeal

             (Doc. No. 53).    The First Circuit assigned Case No.

             21-1964 to that appeal.

         •        Her appeal of the November 23, 2021 Order, as to

             which Ms. Athens filed her (second) notice of appeal

             (Doc. No. 54).    The First Circuit assigned Case No.

             21-1965 to that appeal.

         •        Her appeal of the December 6, 2021 Order (Doc.

             No. 60), as to which Ms. Athens filed her (third)

             notice of appeal (Doc. No. 63).       The First Circuit

             assigned Case No. 22-1004 to that appeal.

         •        Her appeal of the January 21, 2022 Order (Doc.
      Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 2 of 7



           No. 78), which is the subject of three notices of

           appeal (her fourth, fifth, and seventh such notices),

           see Doc. Nos. 81, 84, 87.      The First Circuit assigned

           Case No. 22-1083 to that appeal.

       •        Her appeal of the January 25, 2022 Order, which

           is the subject of her (sixth) notice of appeal (Doc.

           No. 86.   The First Circuit assigned Case No. 22-1084

           to that appeal.



                               Standard

     In determining whether an applicant may proceed on appeal

without pre-paying the filing fee, pursuant to 28 U.S.C.

§ 1915(a)(3) and Fed. R. App. P. 24(a), this court considers,

among other things, the applicant’s objective good faith.            See

28 U.S.C. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438,

445 (1962).   “Good faith for purposes of § 1915(a)(3) is judged

by an objective standard; i.e., whether the litigant ‘seeks

appellate review of any issue not frivolous.’”        Dulaurence v.

Telegen, No. 15-1537, 2016 U.S. App. LEXIS 24070, at *1 (1st

Cir. Nov. 30, 2016) (quoting Coppedge, 369 U.S. at 445).




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         Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 3 of 7



                                Discussion 1

I.   (First) IFP Motion (Doc. No. 59)

     Ms. Athens’s (first) motion to proceed IFP (Doc. No. 59) on

appeal concerns First Circuit Case Nos. 21-1964 and 21-1965.

The court addresses below whether those two appeals have been

taken in objective good faith, in ruling on that IFP motion.

     A.     Case No. 21-1964

     Applying a standard that is the same as the objective good

faith standard under 28 U.S.C. § 1915(a)(3), this court

previously found that Ms. Athens’s appeal of the November 22,

2021 Order was frivolous.       See Dec. 7, 2021 Order.      Her appeal

(Doc. No. 53) of that Order, assigned Case No. 21-1964 by the

First Circuit, lacks any arguable basis in law or fact and is

not taken in good faith.       Ms. Athens’s (first) motion to proceed

IFP on appeal (Doc. No. 59) is DENIED, with respect to Case No.

21-1964.


     1 Each of the orders at issue in Ms. Athens’s appeals is an
interlocutory order. Such nonfinal orders are not appealable as
a matter of right, see 28 U.S.C. § 1292; Coopers & Lybrand v.
Livesay, 437 U.S. 463, 474 (1978) (in general, “[a] party
seeking review of a nonfinal order must first obtain the consent
of the trial judge” (citing 28 U.S.C. § 1292(b))). This court
has not been asked to make any finding about the propriety of an
interlocutory appeal under § 1292(b). Moreover, such
certification would not have been granted, if it had been
requested, as the orders do not involve controlling questions of
law as to which there is a substantial ground for a difference
of opinion, and considering the issues raised in her appeals at
this time will not advance the ultimate termination of the
litigation. Cf. 28 U.S.C. § 1292(b).


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      B.     Case No. 21-1965

      Ms. Athens’s (first) motion to proceed IFP on appeal (Doc.

No. 59) also seeks leave to proceed IFP in her appeal of the

November 23, 2021 Order.       See Notice of Appeal (Doc. No. 54).

That appeal was assigned Case No. 21-1965 by the First Circuit.

The November 23 Order denied Ms. Athens’s motion to recuse

Magistrate Judge Johnstone and the undersigned District Judge.

Her appeal of the order denying her motion to recuse those

judicial officers repeats her unfounded accusations of judicial

bias and criminal conduct.       That appeal is frivolous and neither

grounded in any arguable basis in law or fact, nor taken in good

faith.     Accordingly Ms. Athens’s motion to proceed IFP in that

appeal (Doc. No. 59) is DENIED, with respect to Case No. 21-

1965.



II.   (Second) IFP Motion (Doc. No. 63-1)

      Ms. Athens’s second IFP motion (Doc. No. 63-1) seeks leave

to proceed IFP in her appeal of the December 6, 2021 Order (Doc.

No. 60).    Ms. Athens entitled her notice of appeal (Doc. No. 63)

of that order as an appeal of the “dismissal of the Case in

Chief.”     The December 6 Order did not dismiss her claims;

rather, that Order took defendants’ motion to dismiss under

advisement pending further briefing.         Ms. Athens’s appeal of

that interlocutory order, assigned Case No. 22-1004 by the First


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         Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 5 of 7



Circuit, is not grounded in any arguable basis in law or fact,

is frivolous, and is not taken in good faith.          Accordingly Ms.

Athens’s motion to proceed IFP in that appeal (Doc. No. 63-1) is

DENIED.



III. (Third) and (Fourth) IFP Motions (Doc. Nos. 82, 85)

      Ms. Athens’s (third) and (fourth) IFP motions (Doc. Nos.

82, 85) seek leave to proceed IFP in her multiple appeals of the

January 21, 2022 Order (Doc. No. 78).         The pertinent notices of

appeal (Doc. Nos. 81, 84, 87), underlying that appeal reassert

her baseless claims of a criminal conspiracy and judicial bias,

her unfounded claim of defendants’ “default,” and her other

assertions of wrongdoing and error which lack any arguable basis

in law or fact.     Her appeal in that regard, assigned First

Circuit Case No. 22-1083, is frivolous and not taken in good

faith.    Accordingly, each of Ms. Athens’s motions to proceed IFP

(Doc. Nos. 82, 85) in her appeal of the January 21 Order is

DENIED.



IV.   (Fifth) IFP Motion (Doc. No. 86-1)

      Ms. Athens’s (fifth) IFP motion (Doc. No. 86-1) seeks leave

to proceed IFP in her appeal of the January 25, 2022 Order

(granting defendants’ motion to strike).          Among the documents

stricken by that Order was Document No. 68, a brief filed by Ms.


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         Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 6 of 7



Athens, which she entitled, “Brief on Appeal.”           This court

struck that document for reasons stated in defendants’ motion,

and because her “Brief on Appeal” appeared to be addressed to

the First Circuit and had been filed in the wrong court.            See

Jan. 25, 2022 Order.

     Ms. Athens’s appeal of the January 25 Order targets the

decision to strike Doc. No. 68.        The pertinent notice of appeal,

see Doc. No. 86, asserts that Document No. 68 cannot be “sealed”

by the court as it contains “evidence” of a “bank crime.”               Those

assertions about the court’s action and the nature of the filing

do not rest on any arguable basis in fact or law.           Her appeal of

the January 25 Order, assigned Case No. 22-1084 by the First

Circuit, is not taken in good faith.          Accordingly Ms. Athens’s

motion to proceed IFP in that appeal (Doc. No. 86-1) is DENIED.


                                 Conclusion

     For the foregoing reasons, the court certifies that Ms.

Athens’s appeals of the following orders are not taken in good

faith:    the November 22, 2021 Order (assigned First Circuit Case

No. 21-1964); the November 23, 2021 Order (assigned First

Circuit Case No. 21-1965); the December 6, 2021 Order (assigned

First Circuit Case No. 22-1004); the January 21, 2022 Order

(assigned First Circuit Case No. 22-1083); and the January 25,

2022 Order (assigned First Circuit Case No. 22-1084).            Each of



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       Case 1:21-cv-00748-SM Document 95 Filed 02/04/22 Page 7 of 7



Ms. Athens’s motions (Doc. Nos. 59, 63-1, 82, 85, 86-1) seeking

leave to proceed IFP in those appeals is DENIED.         The clerk’s

office is directed to notify the parties and the First Circuit

regarding this Order.    See Fed. R. App. P. 24(a)(4).


      SO ORDERED.


                                  __________________________
                                  Steven J. McAuliffe
                                  United States District Judge
February 4, 2022

cc:   Natasha Marie Athens, pro se
      Thomas J. Pappas, Esq.




                                    7


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