Bontemps v. Sotak et al

Filing 105

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/27/17 ORDERING in accordance with the order of the Court of Appeals, it is hereby ordered that plaintiff's in forma pauperis status is reinstated. (cc: USCA, 9th circuit) (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 GREGORY C. BONTEMPS, 11 Plaintiff, 12 13 No. 2:09-cv-2115-MCE-EFB P v. ORDER SOTAK, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. His request to proceed in forma pauperis was previously granted, but on March 4, 18 2014, defendant moved to revoke that grant, arguing that plaintiff had sustained “three strikes” 19 under 28 U.S.C. § 1915(g). ECF No. 74. Defendant’s motion was granted and plaintiff’s in 20 forma pauperis status was revoked. ECF Nos. 92, 96. Plaintiff appealed that ruling and the Ninth Circuit reversed, finding that one of the prior 21 22 cases this court had relied on as a “strike” – Bontemps v. Kramer, 2:06-cv-02580 (E.D. Cal.) – did 23 not qualify as such because the dismissal was ordered after plaintiff had received the only relief 24 he sought in the action and the case was therefore moot. ECF No. 103. Therefore, the Court of 25 Appeals vacated this court’s order revoking plaintiff’s in forma pauperis status. Id. The Ninth 26 Circuit’s mandate issued on November 13, 2017. ECF No. 104. 27 ///// 28 ///// 1 1 In accordance with the order of the Court of Appeals, it is hereby ordered that plaintiff’s 2 in forma pauperis status is reinstated. 3 DATED: November 27, 2017. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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