Cordova v. Textron Aviation, Inc.

Summary

The United States District Court for the District of Kansas denied Erika Cordova’s motion to proceed in forma pauperis on appeal, finding that she had not demonstrated financial inability to pay and had not identified a reasoned, nonfrivolous appellate argument. The court certified that the appeal was not taken in good faith. The court also denied her motion for relief from procedural error in part as moot and in part on the merits, including denying her request for appointed appellate counsel.

Holdings

1. Cordova failed to establish that she was financially unable to pay the appellate filing fee because her combined income, savings, and assets demonstrated sufficient funds.
2. Cordova failed to satisfy the nonfrivolous-argument requirement for appellate IFP status, and the court certified that her appeal was not taken in good faith.
3. The request was moot because Cordova's notice of appeal was filed within the thirty-day period prescribed for a civil appeal.
4. Cordova failed to make the affirmative showings required for appointment of counsel in a Title VII case, including financial inability, diligence in attempting to secure counsel, and meritorious discrimination allegations.

Questions Presented

1. Whether Cordova demonstrated financial inability to pay appellate filing fees sufficient to proceed in forma pauperis.
2. Whether Cordova identified a reasoned, nonfrivolous issue for appeal.
3. Whether her request to excuse delayed notification of her intent to appeal was moot.
4. Whether Cordova satisfied the requirements for appointment of counsel on appeal in a Title VII case.

Disposition

other