Pickering v. Clark et al

Filing 76

ORDER REGARDING Plaintiff's In Forma Pauperis Status on Appeal, signed by Magistrate Judge Dennis L. Beck on 6/28/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE L. PICKERING, 12 13 14 No. 1:11-cv-00937 LJO DLB PC ORDER REGARDING PLAINTIFF’S IN FORMA PAUPERIS STATUS ON APPEAL Plaintiff, v. Document 75 CLARK, et al., 15 Defendants. 16 17 Plaintiff Wayne L. Pickering (“Plaintiff”) is a California state prisoner proceeding pro se 18 and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed a notice of 19 appeal on June 13, 2016. On June 20, 2016, the Ninth Circuit referred the appeal to this Court for 20 the limited purpose of determining whether in forma pauperis status should continue for this 21 appeal, or whether the appeal is frivolous or is taken in bad faith. 28 U.S.C. § 1915(a)(3). 22 Plaintiff’s appeal is not frivolous, nor is it taken in bad faith. Accordingly, Plaintiff’s in 23 forma pauperis status should continue on appeal. 24 IT IS SO ORDERED. 25 Dated: /s/ Dennis June 28, 2016 26 L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1

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