Oarman1954

What does this mean?

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I had my FDCPA lawsuit dismissed. I had responded to the motion to dismiss with what I thought was a very good answer but....guess it didn't fly.

At the end of the order the judge put : "Further, the Court certifies pursuant to 28 U.S.C. 1915  9(a)(3) that an appeal from this decision could not be taken in good faith."

This  refers to people that file without paying their fees. I paid mine when I filed,so why would he refer to this?

Does this mean I cannot. or rather, I should not appeal?
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@Oarman1954

 

Are you sure you wrote "28 U.S.C. 1915 9(a)(3)" correctly?  There is a section 1915, but it doesn't contain a "9(a)(3)".

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No it should be 28 U.S.C. 1915(a)(3)

 

and here is  

 

 

28 U.S.C. 1915(a)(3) An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.

 

Help?

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I had my FDCPA lawsuit dismissed. I had responded to the motion to dismiss with what I thought was a very good answer but....guess it didn't fly.

At the end of the order the judge put : "Further, the Court certifies pursuant to 28 U.S.C. 1915  9(a)(3) that an appeal from this decision could not be taken in good faith."

This  refers to people that file without paying their fees. I paid mine when I filed,so why would he refer to this?

Does this mean I cannot. or rather, I should not appeal?

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From what I can tell, you filed an FDCPA lawsuit; defendant prevailed on motion to dismiss. Before you concern yourself with 28 U.S.C. 1915, you need to determine why the motion to dismiss was successful and whether you should even consider appeal. If you don't feel comfortable posting the court's order here, at least take the complaint, motion to dismiss, and order on motion to dismiss to an attorney and get an opinion on whether you even have grounds for appeal. It could save you a ton of money down the road.

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Since you said you paid your filing fee, maybe the judge was referring to this section of the U.S. Code

 

 28 U.S.C. § 1915(e)(2)(B)(i) provides, “Notwithstanding

any filing fee, or any portion thereof, that may have been paid,

the court shall dismiss the case at any time if the court

determines that the action or appeal is frivolous or malicious.” 

28 U.S.C. § 1915(e)(2)(B)(i) (West Supp. 1998).

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I agree with Nascar, no one knows what your allegations were in the FDCPA lawsuit or if was proper to dismiss or not.

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I am sorry for not being more specific but I don't want to divulge the information as I know this firm reads these posts and I don't want to alert them to what I am thinking.

 

I think I will take Nascar's very excellent advice and see what an attorney thinks about all this. Thanks so much for all your help. If things go on I will post my progress. Thank-you!

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