Tabatabaee v. Marshall, et al.
Filing
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ORDER Regarding In Forma Pauperis Status on Appeal re 24 USCA Order signed by Magistrate Judge Barbara A. McAuliffe on 7/29/2015. cc: Ninth Circuit Court of Appeals. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALEX TABATABAEE,
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Plaintiff,
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vs.
BRIAN MARSHALL, et al.,
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Defendants.
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1:13-cv-00911-LJO-BAM (PC)
APPEAL NO. 15-16483
ORDER REGARDING IN FORMA
PAUPERIS STATUS ON APPEAL
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Plaintiff Alex Tabatabaee (“Plaintiff”), a state prisoner proceeding pro se and in forma
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pauperis, filed this civil rights action on June 17, 2013. On July 2, 2015, the Court dismissed the
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action for failure to state a cognizable claim. Plaintiff appealed.
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On July 28, 2015, 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 29, 2015
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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