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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRICK JESUS ODEN,

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Plaintiff,

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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.,

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Defendants.

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Plaintiff Derrick Jesus Oden (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On December 7, 2018, the

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Court granted Defendants’ motion to dismiss on the ground that Defendants are entitled to

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qualified immunity. (ECF No. 59.) Judgment was entered accordingly the same date. (ECF No.

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60.) On January 3, 2019, Plaintiff filed a notice of appeal. (ECF No. 61.)

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On January 28, 2019, 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

January 29, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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