Wilkins v. Stanislaus County et al

Filing 21

ORDER Regarding In Forma Pauperis Status on Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 7/17/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEENAN WILKINS,

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Plaintiff,
v.
STANISLAUS COUNTY, et al.,

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Case No. 1:16-cv-01858-DAD-BAM
APPEAL NO. 18-16232
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL

Defendants.

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Plaintiff Keenan Wilkins (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On June 19, 2018, the Court dismissed this action for

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Plaintiff’s failure to state a claim, and judgment was entered. (ECF Nos. 15, 16.) Plaintiff

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appealed.

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On July 6, 2018, the Ninth Circuit Court of Appeals referred the matter back to this Court

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

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appeal or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3). The

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Court finds that this appeal is not taken in bad faith and is not frivolous. Accordingly, in forma

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pauperis status should not be revoked and should continue on appeal.

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IT IS SO ORDERED.

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Dated:

July 17, 2018

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE