Murphy v. Otter et al

Filing 39

ORDER. NOW THEREFORE IT IS HEREBY ORDERED, that in answer to the Ninth Circuit's Referral Notice 38 , the appeal is not frivolous and the in forma pauperis status should continue. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MIKE MURPHY,
Plaintiff,
v.

District Case No. 1:11-CV-453-BLW
Ninth Circuit Case No. 15-35616

L. LAMONT ANDERSON, et al.,

ORDER

Defendants.

The Ninth Circuit referred this case to this Court for the limited purpose of determining
whether in forma pauperis status should continue for this appeal or whether the appeal is
frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American
Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate
where district court finds the appeal to be frivolous). The Court finds that the appeal is not
frivolous and thus the informa pauperis status should continue. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that in answer to the Ninth Circuit’s
Referral Notice (docket no. 38), the appeal is not frivolous and the in forma pauperis status
should continue.

DATED: August 25, 2015

_________________________
B. Lynn Winmill
Chief Judge
United States District Court