Sharp v. Mims

Filing 31

ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 7/18/2014. *Served this order on the Ninth Court of Appeals. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY A. SHARP,

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Plaintiff,

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vs.
MARGARET MIMS, et al.,

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Defendants.

) 1:13-cv-00534-AWI-BAM (PC)
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) ORDER REGARDING IN FORMA
) PAUPERIS STATUS ON APPEAL
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Plaintiff Anthony A. Sharp (“Plaintiff”), a civil detainee proceeding pro se and in forma

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pauperis, filed this civil rights action on April 15, 2013. On July 1, 2014, the Court dismissed

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this action for failure to state a cognizable section 1983 claim and judgment was entered.

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Plaintiff filed a notice of appeal on July 14, 2014.

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On July 16, 2014, 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

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for the appeal, or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3).

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The Court finds that this appeal is not taken in bad faith and is not frivolous.

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Accordingly, in forma pauperis status should not be revoked and should continue on appeal.

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IT IS SO ORDERED.

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Dated:
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/s/ Barbara

July 18, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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