Chan v. County of Sacramento et al

Filing 115

ORDER signed by Magistrate Judge Gregory G. Hollows on 02/22/12 ordering plaintiff's in forma pauperis status shall continue. The clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case No. 12-15250. (cc: USCA-9th circuit)(Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MADY CHAN,
Plaintiff,

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vs.

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No. CIV S-09-2006 MCE GGH P

COUNTY OF SACRAMENTO, et al.,
Defendants.

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ORDER
/

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Plaintiff, a prisoner proceeding pro se and in forma paupers, seeks relief pursuant

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to 42 U.S.C. § 1983. Plaintiff’s motion for injunctive relief was denied and plaintiff filed an

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appeal with the Ninth Circuit. On February 15, 2012, the Ninth Circuit referred the matter back

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to this court for the limited purpose of determining whether plaintiff’s in forma pauperis status

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should continue for the appeal or whether the appeal is frivolous or taken in bad faith.
Plaintiff’s appeal is not frivolous or taken in bad faith and his in forma pauperis

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status should continue on appeal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s in forma pauperis status shall continue;

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2. The Clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case

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No. 12-15250.

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DATED: February 22, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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chan2006.ifp

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