Valdez v. Cate et al

Filing 88

ORDER signed by Magistrate Judge Craig M. Kellison on 10/31/2016 ORDERING that this 85 appeal is not frivolous or taken in bad faith. Plaintiffs in forma pauperis status may continue on appeal. The Clerk of the Court is directed to serve a copy of this order on the Pro Se Unit at the Ninth Circuit Court of Appeals. (cc USCA) (Butolph, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUBEN VALDEZ,

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No. 2:12-cv-1352-CMK-P

Plaintiff,

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vs.

ORDER

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MATTHEW CATE, et al.,

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Defendant.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. The matter was referred to the undersigned by the Ninth Circuit Court of

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

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court granted the defendants’ motion for judgment on the pleadings. Having reviewed the entire

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file, and providing plaintiff with the benefit of any doubt, the court concludes that the appeal is

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not frivolous or taken in bad faith and 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; and

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///
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3.

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

Se Unit at the Ninth Circuit Court of Appeals.

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DATED: October 31, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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