Buenrostro v. Castillo et al
Filing
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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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