Blair v. CDCR et al

Filing 162

ORDER regarding IFP Status on Appeal 161 signed by Magistrate Judge Stanley A. Boone on 7/14/2021. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY C. BLAIR,

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Plaintiff,

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v.
CDCR, et al.,

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Defendants.

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Case No.: 1:14-cv-01156-DAD-SAB (PC)
Appeal No. 21-15845
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
(ECF No. 161)

On April 8, 2021, Defendants’ motion for summary judgment was granted and judgment was

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entered in favor of Defendants. (ECF Nos. 156, 157.)

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On May 7, 2021, Plaintiff filed a notice of appeal. (ECF No. 157.)

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On July 12, 2021, the Ninth Circuit Court of Appeals referred the matter back to this Court for

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the limited purpose of determining whether in forma pauperis status should continue for the appeal.

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28 U.S.C. § 1915(a)(3). (ECF No. 161.) 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 continue on

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appeal.

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IT IS SO ORDERED.
Dated:

July 14, 2021
UNITED STATES MAGISTRATE JUDGE

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