Jones v. Grounds, et al

Filing 36

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL. Signed by Judge Lucy H. Koh on 10/3/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 10/4/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID A. JONES,

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Plaintiff,
v.
R. ROQUE, et al.,

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Defendants.

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No. C 12-2946 LHK (PR)
ORDER GRANTING LEAVE
TO PROCEED IN FORMA
PAUPERIS ON APPEAL

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The Court granted plaintiff, a state prisoner proceeding pro se, leave to proceed in forma
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pauperis (“IFP”) in this action. On August 15, 2013, the court granted defendants’ motion to
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dismiss for failure to exhaust, and dismissed this action without prejudice. Petitioner has filed a
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notice of appeal. The United States Court of Appeals for the Ninth Circuit has referred the case
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back to this court for a determination whether plaintiff’s IFP status should be revoked. Rule
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24(a)(3) of the Federal Rules of Appellate Procedure provides that a party granted leave to
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proceed IFP in the district court may continue in that status on appeal unless the district court
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certifies that the appeal is not taken in good faith. The court concludes that plaintiffs’s appeal is
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taken in good faith. Accordingly, leave to proceed IFP on appeal is GRANTED. The Clerk of
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the Court shall serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals.
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IT IS SO ORDERED.
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DATED:
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10/3/13

LUCY H. KOH
United States District Judge

Order Granting Leave to Proceed In Forma Pauperis on Appeal
G:\PRO-SE\LHK\CR.12\Jones946ifpapp.wpd