Ahdom v. Lopez et al
Filing
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ORDER Regarding In Forma Pauperis Status on Appeal as to 243 USCA Order, signed by Magistrate Judge Barbara A. McAuliffe on 10/24/18. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILAL AHDOM,
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Case No. 1:09-cv-01874-AWI-BAM (PC)
Plaintiff,
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v.
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Appeal No. 18-16999
ARAICH, et al.,
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ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
Defendants.
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Plaintiff Bilal Ahdom, (“Plaintiff”), a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On September 28, 2018, the
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Court granted Defendants’ motion for terminating sanctions and dismissed this action, with
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prejudice, due to Plaintiff’s failure to comply with a court order. (ECF Nos. 238, 239.) On
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October 12, 2018, Plaintiff filed a notice of appeal. (ECF No. 240.)
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On October 23, 2018, the Ninth Circuit Court of Appeals referred the matter back to this
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Court for the limited purpose of determining whether in forma pauperis status should continue for
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the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and
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is not frivolous. Accordingly, in forma pauperis status should not be revoked and should
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continue on appeal.
IT IS SO ORDERED.
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Dated:
/s/ Barbara
October 24, 2018
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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