Doss v. Curran et al

Filing 7

ORDER GRANTING IN FORMA PAUPERIS ON APPEAL. Signed by Judge Claudia Wilken on 4/2/2014. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/2/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JIMMIE L. DOSS, JR.,

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Plaintiff,

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v.
LORI CURRAN, et al.,

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United States District Court
Northern District of California

Case No.: C 14-0778 CW (PR)
ORDER GRANTING IN FORMA
PAUPERIS ON APPEAL

Defendants.

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The Court granted Plaintiff, a state prisoner proceeding pro

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se, leave to proceed in forma pauperis (IFP) in this action.

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March 18, 2014, the Court issued an Order of Dismissal on the

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ground that the complaint was barred by Heck v. Humphrey, 512

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U.S. 477 (1994).

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United States Court of Appeals for the Ninth Circuit has referred

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the case back to this Court for a determination of whether

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Plaintiff’s IFP status should be revoked.

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Federal Rules of Appellate Procedure provides that a party

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granted leave to proceed IFP in the district court may continue

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in that status on appeal unless the district court certifies that

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the appeal is not taken in good faith.

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Plaintiff has filed a notice of appeal.

On

The

Rule 24(a)(3) of the

The Court concludes that Plaintiff’s appeal is taken in good
faith.

Accordingly, leave to proceed IFP on appeal is GRANTED.

1 The Clerk of the Court shall serve a copy of this order on
2 Plaintiff and on the Ninth Circuit Court of Appeals.
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IT IS SO ORDERED.

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5 Dated: 4/2/2014
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United States District Court
Northern District of California

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________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE