Rushdan v. Gear et al
ORDER Regarding In Forma Pauperis Status on Appeal signed by Magistrate Judge Barbara A. McAuliffe on 10/17/2017. (Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01017-BAM (PC)
Appeal No. 17-17035
R. GEAR, et al.,
ORDER REGARDING IN FORMA
PAUPERIS STATUS ON APPEAL
Plaintiff Saladin Rushdan, a.k.a. Robert Woods, (“Plaintiff”), a state prisoner proceeding
pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On
September 25, 2017, the Court dismissed this action for failure to state a claim. (ECF Nos. 12,
13.) On October 10, 2017, Plaintiff filed a notice of appeal. (ECF No. 14.)
On October 13, 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.
October 17, 2017
UNITED STATES MAGISTRATE JUDGE
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