Rushdan v. Gear et al

Filing 18

ORDER Regarding In Forma Pauperis Status on Appeal signed by Magistrate Judge Barbara A. McAuliffe on 10/17/2017. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SALADIN RUSHDAN, 10 Plaintiff, 11 v. 12 Case No. 1:16-cv-01017-BAM (PC) Appeal No. 17-17035 R. GEAR, et al., 13 ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL Defendants. 14 15 Plaintiff Saladin Rushdan, a.k.a. Robert Woods, (“Plaintiff”), a state prisoner proceeding 16 pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On 17 September 25, 2017, the Court dismissed this action for failure to state a claim. (ECF Nos. 12, 18 13.) On October 10, 2017, Plaintiff filed a notice of appeal. (ECF No. 14.) 19 On October 13, 2017, the Ninth Circuit Court of Appeals referred the matter back to this 20 Court for the limited purpose of determining whether in forma pauperis status should continue for 21 the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and 22 is not frivolous. Accordingly, in forma pauperis status should not be revoked and should 23 continue on appeal. 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara October 17, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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