James White v. Pazin et al
ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 1/13/2014. (cc: Ninth Circuit Court of Appeals.) (Marrujo, C)
EASTERN DISTRICT OF CALIFORNIA
JAMES E. WHITE,
MARK N. PAZIN, et al.,
) 1:12-cv-00917-BAM (PC)
) ORDER REGARDING IN FORMA
) PAUPERIS STATUS ON APPEAL
Plaintiff James E. White (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action on June 6, 2012. The action was dismissed with prejudice
on December 6, 2013. Plaintiff filed a notice of appeal on December 23, 2013.
On January 7, 2014, 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. § 1915(a)(3).
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.
January 13, 2014
UNITED STATES MAGISTRATE JUDGE
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