Oden v. State of California, et al.

Filing 66

ORDER Regarding In Forma Pauperis Status on Appeal signed by Magistrate Judge Barbara A. McAuliffe on 1/29/2019. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DERRICK JESUS ODEN, 9 Plaintiff, 10 11 v. Case No. 1:14-cv-00873-LJO-BAM (PC) Appeal No. 19-15052 ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL STATE OF CALIFORNIA, et al., 12 Defendants. 13 14 Plaintiff Derrick Jesus Oden (“Plaintiff”), a state prisoner proceeding pro se and in forma 15 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On December 7, 2018, the 16 Court granted Defendants’ motion to dismiss on the ground that Defendants are entitled to 17 qualified immunity. (ECF No. 59.) Judgment was entered accordingly the same date. (ECF No. 18 60.) On January 3, 2019, Plaintiff filed a notice of appeal. (ECF No. 61.) 19 On January 28, 2019, the Ninth Circuit Court of Appeals referred the matter back to this 20 Court for the limited purpose of determining whether in forma pauperis status should continue for 21 the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and 22 is not frivolous. Accordingly, in forma pauperis status should not be revoked and should 23 continue on appeal. 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara January 29, 2019 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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