Edgar Pitts v. Matevousian et al

Filing 17

ORDER Declining to Revoke In Forma Pauperis Status on Appeal 16 , signed by Magistrate Judge Stanley A. Boone on 10/25/2018: The Clerk of the Court is directed to serve a copy of this order on the parties and the United States Court of Appeals for the Ninth Circuit.(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDGAR PITTS,

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No.: 1:17-cv-01658- SAB (PC)
Plaintiff,

v.

Appeal No. 18-17023
ORDER DECLINING TO REVOKE IN FORMA
PAUPERIS STATUS ON APPEAL (ECF No. 16)

ANDRE MATEVOUSIAN, et al.,
Defendants.

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Plaintiff Edgar Pitts is a federal prisoner proceeding pro se and in forma pauperis, who

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filed a complaint under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) in this action

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on December 11, 2017. (ECF No. 1.)

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On September 17, 2018, the Court dismissed this action, without prejudice, for the failure

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to state a cognizable claim. (ECF No. 11.) Judgement was entered that same date. (ECF No.

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12.) On October 16, 2018, Plaintiff filed a notice of appeal, (ECF No. 13), and the appeal was

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processed, (ECF No. 14.)

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On October 23, 2018, 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). (ECF No. 16.)

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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. Therefore, at this time the Court is unable to determine whether

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

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

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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 the United States Court of

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Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
Dated:

October 25, 2018
UNITED STATES MAGISTRATE JUDGE

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