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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 JIMMIE L. DOSS, JR., 9 Plaintiff, 10 v. LORI CURRAN, et al., 11 United States District Court Northern District of California Case No.: C 14-0778 CW (PR) ORDER GRANTING IN FORMA PAUPERIS ON APPEAL Defendants. 12 13 14 The Court granted Plaintiff, a state prisoner proceeding pro 15 se, leave to proceed in forma pauperis (IFP) in this action. 16 March 18, 2014, the Court issued an Order of Dismissal on the 17 ground that the complaint was barred by Heck v. Humphrey, 512 18 U.S. 477 (1994). 19 United States Court of Appeals for the Ninth Circuit has referred 20 the case back to this Court for a determination of whether 21 Plaintiff’s IFP status should be revoked. 22 Federal Rules of Appellate Procedure provides that a party 23 granted leave to proceed IFP in the district court may continue 24 in that status on appeal unless the district court certifies that 25 the appeal is not taken in good faith. 26 27 28 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. 3 IT IS SO ORDERED. 4 5 Dated: 4/2/2014 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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