Wright v. Clark et al
ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 11/26/13. (Gonzalez, R)
EASTERN DISTRICT OF CALIFORNIA
KEN CLARK, et al.,
) 1:07-cv-00462-AWI-BAM (PC)
) ORDER REGARDING IN FORMA
) PAUPERIS STATUS ON APPEAL
Plaintiff Raymond Wright (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action on March 23, 2007. On November 5, 2013, the Court
granted Defendants’ motion for summary judgment and judgment was entered in favor of
Defendants. Plaintiff filed a notice of appeal on November 14, 2013.
On November 25, 2013, the Ninth Circuit Court of Appeals referred the matter back to
this Court for the limited purpose of determining whether in forma pauperis status should
continue for the appeal, or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. §
The Court finds that this appeal is not taken in bad faith and is not frivolous.
Accordingly, in forma pauperis status should not be revoked and should continue on appeal.
IT IS SO ORDERED.
November 26, 2013
UNITED STATES MAGISTRATE JUDGE
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