Reynolds v. Starcevich et al

Filing 49

ORDER signed by Magistrate Judge Craig M. Kellison on 04/04/12 ORDERING that, pursuant to 48 USCA Order, this appeal is NOT frivolous or taken in bad faith and plaintiff's in forma pauperis status MAY continue on appeal (cc: USCA). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERALD REYNOLDS, JR.,

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Plaintiff,
vs.

ORDER

G. STARCEVICH, et al.,
Defendants.

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No. CIV S-11-0326-GEB-CMK-P

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Plaintiff, a state prisoner proceeding pro se, brought this civil rights action
pursuant to 42 U.S.C. § 1983.
The matter was referred to the undersigned by the Ninth Circuit Court of Appeals

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to certify whether the appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3). The court

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granted the defendants’ motion to dismiss this action for plaintiff’s failure to properly exhaust his

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administrative remedies. Having reviewed the entire file, and providing plaintiff with the benefit

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of any doubt, the court concludes that the appeal is not frivolous or taken in bad faith and

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plaintiff’s in forma pauperis status should not be revoked.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This appeal is not frivolous or taken in bad faith;
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2.

Plaintiff’s in forma pauperis status may continue on appeal;

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3.

The Clerk of the Court is directed to serve a copy of this order on the Pro

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Se Unit at the Ninth Circuit Court of Appeals.

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DATED: April 4, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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