Jones v. Schwartznegger et al
ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 3/9/2018. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
EDWARD DAVID JONES, JR.,
SCHWARZENEGGER, et al.,
Appeal No. 18-15262
ORDER REGARDING IN FORMA
PAUPERIS STATUS ON APPEAL
Plaintiff Edward David Jones, Jr. is a state prisoner proceeding pro se and in forma
pauperis in this civil action. On January 24, 2018, the Court dismissed this action for failure to
state a claim. (ECF Nos. 35, 36.) On February 8, 2018, Plaintiff filed a notice of appeal. (ECF
On March 6, 2018, 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.
March 9, 2018
UNITED STATES MAGISTRATE JUDGE
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