Buenrostro v. Castillo et al

Filing 72

ORDER REGARDING In Forma Pauperis Status on Appeal signed by Magistrate Judge Barbara A. McAuliffe on 3/30/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE LUIS BUENROSTRO,

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Plaintiff,
v.

Case No. 1:14-cv-00075-DAD-BAM (PC)
Appeal No. 18-15488
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL

FAJARDO,

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Defendant.

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Plaintiff Jose Luis Buenrostro, (“Plaintiff”), a federal prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of

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Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On January 30, 2018, the Court dismissed this

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action for failure to state a claim. (ECF Nos. 64, 65.) On February 15, 2018, Plaintiff filed a

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motion for reconsideration together with a notice of appeal. (ECF Nos. 66, 68.) On March 22,

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2018, the Court denied Plaintiff’s motion for reconsideration and directed the Clerk of the Court

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to process Plaintiff’s notice of appeal. (ECF No. 67.)

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On March 29, 2018, 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 for

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the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and

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is not frivolous. Accordingly, in forma pauperis status should not be revoked and should

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continue on appeal.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 30, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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