James White v. Pazin et al

Filing 19

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)

Download PDF
1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 JAMES E. WHITE, 10 11 12 Plaintiff, vs. MARK N. PAZIN, et al., 13 Defendants. ) 1:12-cv-00917-BAM (PC) ) ) ) ORDER REGARDING IN FORMA ) PAUPERIS STATUS ON APPEAL ) ) ) ) ) ) 14 15 Plaintiff James E. White (“Plaintiff”), a state prisoner proceeding pro se and in forma 16 pauperis, filed this civil rights action on June 6, 2012. The action was dismissed with prejudice 17 on December 6, 2013. Plaintiff filed a notice of appeal on December 23, 2013. 18 On January 7, 2014, the Ninth Circuit Court of Appeals referred the matter back to this 19 Court for the limited purpose of determining whether in forma pauperis status should continue 20 for the appeal, or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3). 21 The Court finds that this appeal is not taken in bad faith and is not frivolous. 22 Accordingly, in forma pauperis status should not be revoked and should continue on appeal. 23 24 IT IS SO ORDERED. 25 Dated: 26 /s/ Barbara January 13, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?