McCreary v. Gibbons et al

Filing 25

ORDER re: Election to Not Revoke In Forma Pauperis Status. Signed by Judge Philip M. Pro on 6/6/11. (Copies have been distributed pursuant to the NEF; CC: USCA - ASB)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PAUL MCCREARY,

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Plaintiff,

2:10-cv-01578-PMP-PAL

vs.

ORDER

JIM GIBBONS, et al.

C.A. No. 11-16237

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Defendants.
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This prisoner civil rights action comes before the Court following upon a referral notice
(#24) from the Court of Appeals with regard to whether the in forma pauperis status granted
in the district court should continue on appeal. Following review, the Court remains of the
view that the case was correctly decided. However, it does not appear that the appeal from
the dismissal is frivolous to the extent that a similar appeal by a non-indigent litigant would be
dismissed – as to all of the claims presented – on that basis.
IT THEREFORE IS ORDERED, pursuant to 28 U.S.C. § 1915(a)(3) and Rule 24(a)(3)
of the Federal Rules of Appellate Procedure, that this Court certifies to the Court of Appeals
that it does not elect to revoke in forma pauperis status in response to the referral notice.
DATED: June 6, 2011.

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PHILIP M. PRO
United States District Judge