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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 PERRY C. BLAIR, 9 Plaintiff, 10 11 v. CDCR, et al., 12 Defendants. 13 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 14 15 ) ) ) ) ) ) ) ) ) ) entered in favor of Defendants. (ECF Nos. 156, 157.) 16 On May 7, 2021, Plaintiff filed a notice of appeal. (ECF No. 157.) 17 On July 12, 2021, the Ninth Circuit Court of Appeals referred the matter back to this Court for 18 the limited purpose of determining whether in forma pauperis status should continue for the appeal. 19 28 U.S.C. § 1915(a)(3). (ECF No. 161.) The Court finds that this appeal is not taken in bad faith and 20 is not frivolous. Accordingly, in forma pauperis status should not be revoked and should continue on 21 appeal. 22 23 24 25 IT IS SO ORDERED. Dated: July 14, 2021 UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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