Wilkins v. Stanislaus County et al
Filing
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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
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