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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RICKY RIVERA,
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Case No. 1:16-cv-01817-AWI-BAM (PC)
Plaintiff,
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v.
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Appeal No. 21-15853
DAVEY, et al.,
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
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Defendants.
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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
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action due to Plaintiff’s failure to exhaust available administrative remedies. (ECF No. 62.)
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Judgment was entered accordingly the same date. (ECF No. 63.) On May 11, 2021, Plaintiff
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filed a notice of appeal. (ECF No. 64.)
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On June 15, 2021, the Ninth Circuit Court of Appeals referred the 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). The Court finds that this appeal is not taken in bad faith and
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is not frivolous. Accordingly, in forma pauperis status should not be revoked and should
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continue on appeal.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
June 16, 2021
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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