Maraglino v. Espinosa et al

Filing 33

ORDER Regarding In Forma Pauperis Status on Appeal re 32 USCA Order, signed by Magistrate Judge Barbara A. McAuliffe on 6/13/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOROTHY GRACE MARAGLINO,

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Plaintiff,
v.

Case No. 1:17-cv-01535-LJO-BAM (PC)
Appeal No. 19-16189
ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL

J. ESPINOSA, et al.,

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Defendants.

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Plaintiff Dorothy Grace Maraglino (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On May 30, 2019, the

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Court dismissed Plaintiff’s federal claims for failure to state a claim and declined to exercise

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supplemental jurisdiction over Plaintiff’s state law claims. (ECF No. 27.) Judgment was entered

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accordingly the same date. (ECF No. 28.) On June 10, 2019, Plaintiff filed a notice of appeal.

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(ECF No. 29.)

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On June 12, 2019, 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.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 13, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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