Galvan v. Lucas et al

Filing 28

ORDER Declining to Revoke In Forma Pauperis Status on Appeal re 27 USCA Order; ORDER Denying 24 Motion to Proceed In Forma Pauperis on Appeal as Unnecessary, signed by Magistrate Judge Stanley A. Boone on 1/16/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVAN P. GALVAN,
Plaintiff,

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v.

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A. LUCAS, et.al.,
Defendants.

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Case No.: 1:18-cv-00688-LJO-SAB (PC)
Appeal No. 19-15053
ORDER DECLINING TO REVOKE IN FORMA
PAUPERIS STATUS ON APPEAL
(Doc. No. 27)
ORDER DENYING MOTION TO PROCEED IN
FORMA PAUPERIS ON APPEAL, AS
UNNECESSARY
(Doc. No. 24)

Plaintiff Evan P. Galvan is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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On December 18, 2018, the Court dismissed this action, without prejudice, for the failure to

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exhaust available administrative remedies. (ECF No. 21.) Judgement was entered that same date. (ECF

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No. 22.)

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On January 7, 2019, Plaintiff filed a notice of appeal, (ECF No. 23), and a motion to proceed in

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forma paupers on appeal, (ECF No. 24). The appeal was processed on January 8, 2019. (ECF No. 25.)

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On January 14, 2019, 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 appeal.

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28 U.S.C. § 1915(a)(3). (ECF No. 16.)

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The Court has reviewed the record, and cannot determine that this appeal is frivolous, malicious,

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or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091,
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1092 (9th Cir. 2002) (revocation of in forma pauperis status is appropriate where district court finds the

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appeal to be frivolous). Therefore, the Court declines to revoke in forma pauperis status.

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Further, as noted above, Plaintiff proceeded in forma pauperis in this action at the district court,

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having been granted that status based on an application. (ECF No. 5.) Under Federal Rule of Appellate

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Procedure 24(a)(3), generally a party who was permitted to proceed in forma pauperis in the district

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court action may proceed on appeal in forma pauperis without further authorization, unless that status

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is revoked. Therefore, Plaintiff’s motion to proceed in forma pauperis on appeal will be denied, as

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unnecessary.
Accordingly, it is HEREBY ORDERED that:

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This Court declines to revoke Plaintiff’s in forma pauperis status on appeal;

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2.

Plaintiff’s motion to proceed in forma pauperis on appeal, filed on January 7, 2019 (ECF

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No. 24), is denied, as unnecessary; and
3.

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The Clerk of the Court is directed to serve a copy of this order on the parties, and on the

United States Court of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.

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Dated:

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January 16, 2019
UNITED STATES MAGISTRATE JUDGE

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