Rivera v. Davey et al

Filing 68

ORDER regarding IFP status on Appeal 67 signed by Magistrate Judge Barbara A. McAuliffe on 6/16/2021. (Lundstrom, T)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 RICKY RIVERA, 7 Case No. 1:16-cv-01817-AWI-BAM (PC) Plaintiff, 8 v. 9 Appeal No. 21-15853 DAVEY, et al., ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL 10 Defendants. 11 12 13 14 Plaintiff Ricky Rivera (“Plaintiff”) is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 14, 2021, the Court granted Defendants’ motion to dismiss and dismissed this 15 action due to Plaintiff’s failure to exhaust available administrative remedies. (ECF No. 62.) 16 Judgment was entered accordingly the same date. (ECF No. 63.) On May 11, 2021, Plaintiff 17 filed a notice of appeal. (ECF No. 64.) 18 On June 15, 2021, the Ninth Circuit Court of Appeals referred the matter back to this 19 Court for the limited purpose of determining whether in forma pauperis status should continue for 20 the appeal. 28 U.S.C. § 1915(a)(3). The Court finds that this appeal is not taken in bad faith and 21 is not frivolous. Accordingly, in forma pauperis status should not be revoked and should 22 continue on appeal. 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara June 16, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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