Dustin v. Gipson et al
Filing
67
ORDER Regarding Plaintiff's in Forma Pauperis Status on Appeal, signed by District Judge Anthony W. Ishii on 8/25/15. (Verduzco, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
DALE OWEN DUSTIN,
12
13
14
15
Plaintiff,
v.
GIPSON, et al.,
Case No. 1:14-cv-00757-AWI-DLB PC
ORDER REGARDING PLAINTIFF’S
IN FORMA PAUPERIS STATUS
ON APPEAL
(Document 66)
Defendants.
16
17
Plaintiff Dale Owen Dustin (“Plaintiff”) is a California state prisoner proceeding pro se and
18
in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed a notice of appeal
19
on August 17, 2015. On August 18, 2015, the Ninth Circuit referred the appeal to this Court for the
20
limited purpose of determining whether in forma pauperis status should continue for this appeal, or
21
whether the appeal is frivolous or is taken in bad faith. 28 U.S.C. § 1915(a)(3).
22
23
Plaintiff’s appeal is frivolous and is not taken in good faith. Accordingly, the Court finds
that Plaintiff’s in forma pauperis status should not continue on appeal.
24
25
26
IT IS SO ORDERED.
Dated: August 25, 2015
SENIOR DISTRICT 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?