Griffin v. Long et al
ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 6/30/17. (Marrujo, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DAMIAN E. GRIFFIN,
Case No. 1:15-cv-01361-BAM (PC)
Appeal No. 17-16295
ORDER REGARDING IN FORMA
PAUPERIS STATUS ON APPEAL
DAVID LONG, et al.,
Plaintiff Damian E. Griffin (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983. On May 3, 2017, the Court dismissed this action for
failure to state a claim. (ECF Nos. 10, 11.) On May 15, 2017, Plaintiff appealed. (ECF No. 12.)
On June 28, 2017, the Ninth Circuit Court of Appeals referred the matter back to this
Court for the limited purpose of determining whether in forma pauperis status should continue for
the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and
is not frivolous. Accordingly, in forma pauperis status should not be revoked and should
continue on appeal.
IT IS SO ORDERED.
June 30, 2017
UNITED STATES MAGISTRATE JUDGE
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