Turner v. High Desert State Prison et al

Filing 220

ORDER. Finding that Appeal is Taken inGood Faith and that in forma pauperisStatus Should Continue on Appeal. Signed by Judge Jennifer A. Dorsey on 9/13/2016. (Copies have been distributed pursuant to the NEF - DL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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John Turner,
2:13-cv-01740-JAD-VCF

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Plaintiff

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v.

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Nevada Department of Corrections, et al.,

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Order Finding that Appeal is Taken in
Good Faith and that in forma pauperis
Status Should Continue on Appeal

Defendants

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As a pro se plaintiff who had been granted in forma pauperis status, John Turner sued High

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Desert State Prison, the Nevada Department of Corrections (NDOC), the Nevada Inmate Bank

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System, and the State of Nevada under 42 U.S.C. § 1983 for civil-rights violations stemming from

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the alleged theft from and overcharging of Turner’s inmate trust account while he was incarcerated.1

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After two months of having documents that had been mailed to Turner returned to the court as

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undeliverable, I dismissed this case with prejudice under LSR 2-2 for his failure to keep the court

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apprised of his current address,2 and the Clerk of Court entered judgment in favor of the defendants

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and against Turner.3

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Five months later, Turner filed the first of three motions seeking relief from the judgment

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under FRCP 60(b).4 I granted in part and denied in part Turner’s motions for relief under FRCP

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60(b), relieving Turner of the with-prejudice effect of the dismissal order, but otherwise leaving that

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order intact.5 I did not state in that order whether Turner’s in forma pauperis status should continue

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ECF No. 15.

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ECF No. 189.

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ECF No. 190.

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ECF Nos. 194, 198, 205.

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ECF No. 213.

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on appeal, and the Ninth Circuit has remanded for the limited purpose of having me determine

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whether that status should continue on appeal. I find that Turner’s appeal is taken in good faith and

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that his IFP status should therefore continue on appeal.6 Accordingly,

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IT IS HEREBY ORDERED that Turner may proceed in forma pauperis on appeal.

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Dated this 13th day of September

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_________________________________
_______________________
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___________ _
Jennifer A. Dorsey
ennifer A. Dorsey
ni
i
rs
United States District Judge
ed States
d tat
ct d
ct Judge

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See Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).
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