Hoffman v. Coyle et al

Filing 63

ORDER Regarding In Forma Pauperis Status on Appeal 62 , signed by Magistrate Judge Stanley A. Boone on 03/16/2020. (Appeal No. 20-15396)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCELLAS HOFFMAN,

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Plaintiff,
v.

Case No. 1:16-cv-01617-LJO-SAB (PC)
Appeal No. 20-15396
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL

TIMOTHY PRESTON,
(ECF No. 62)
Defendant.

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Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388 (1971). On June 13, 2019, the Court dismissed Plaintiff’s First

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Amendment retaliation claim for failure to state a cognizable claim under Bivens. (ECF No. 44.)

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On January 4, 2020, the Court granted Defendant Timothy Preston’s motion to dismiss without

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leave to amend and dismissed this action, with prejudice, for failure to state a claim upon which

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relief may be granted under Bivens. (ECF No. 57.) Plaintiff filed a notice of appeal, pursuant to

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the prison mailbox rule, on March 1, 2020. (ECF No. 59.)

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On March 12, 2020, the Ninth Circuit Court of Appeals referred this matter back to this

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Court for the limited purpose of determining whether in forma pauperis status should continue for

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the appeal. 28 U.S.C. § 1915(a)(3). (ECF No. 62.) The Court finds that the appeal is not

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frivolous or taken in bad faith. Therefore, Plaintiff’s in forma pauperis status should not be
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revoked and should continue for the appeal.

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IT IS SO ORDERED.
Dated:

March 16, 2020
UNITED STATES MAGISTRATE JUDGE

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