Chavez v. Granado

Filing 108

ORDER signed by Senior Judge William B. Shubb on 2/10/2017 DECLINING to revoke the plaintiff's in forma pauperis status on appeal. (cc: Ninth Circuit) (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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GUILLERMO CHAVEZ,
Plaintiff,

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No.

2:11-CV-1015 WBS-CKD

Court of Appeals No. 17-15161

v.

ORDER

GRANADOZ and BARNETT,
Defendants.

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----oo0oo---This matter is before the court on remand from the

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Court of Appeals for the limited purpose of determining whether

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plaintiff’s forma pauperis status should continue on appeal from

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this court’s Order of December 6, 2016 denying plaintiff’s motion

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to vacate the judgment of June 22, 2016.

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reasons set forth in the magistrate judge’s Findings and

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Recommendations filed January 8, 2016, this court does not

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believe plaintiff’s appeal has merit, the court cannot state that

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the appeal is frivolous or taken in bad faith.

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American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).
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Although, for the

See Hooker v.

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Accordingly, this court declines to revoke plaintiff’s

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forma pauperis status on appeal.

The Clerk of this Court shall

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forward a copy of this Order to the Clerk of the United States

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Court of Appeals for the Ninth Circuit.

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Dated:

February 10, 2017

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