Johnson v. Davey et al

Filing 22

ORDER Declining to Revoke In Forma Pauperis Status on Appeal re 21 USCA Order, signed by Magistrate Judge Barbara A. McAuliffe on 11/16/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRELL E. JOHNSON,

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Plaintiff,
vs.
DAVE DAVEY, et al.,
Defendants.

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Case No.: 1:17-cv-01257-LJO-BAM (PC)
Appeal No. 18-17160
ORDER DECLINING TO REVOKE IN
FORMA PAUPERIS STATUS ON APPEAL
(Doc. No. 21)

Plaintiff Darrell E. Johnson is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
On October 11, 2018, the Court dismissed this action, with prejudice, for the failure to

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state a claim upon which relief may be granted. (Doc. No. 16.) Judgment was entered that same

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date. (Doc. No. 17.) On November 1, 2018, Plaintiff filed a notice of appeal. (Doc. No. 18),

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which was processed to the Ninth Circuit Court of Appeals, (Doc. No. 19).

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On November 13, 2018, the Ninth Circuit Court of Appeals referred the matter back to

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

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continue for the appeal. 28 U.S.C. § 1915(a)(3). (Doc. No. 21.)

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The Court has reviewed the record and Plaintiff’s notice of appeal. However, the notice

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of appeal does not provide the grounds upon which Plaintiff will appeal, or any information as to

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the issue(s) he intends to raise. Based on the overall record, the Court is unable to determine

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whether this appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also

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Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma

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pauperis status is appropriate where district court finds the appeal to be frivolous).

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Accordingly, the Court declines to revoke in forma pauperis status. The Clerk of the

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Court is directed to serve a copy of this order on the parties and on the United States Court of

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Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2018

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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