Antonetti v. Foster et al

Filing 26

ORDER re 25 USCA REFERRAL NOTICE : This court reaffirms that plaintiff's in forma pauperis status should continue on appeal. Signed by Judge Jennifer A. Dorsey on 11/17/2015. ( E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit re USCA case #15-17187. )(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSEPH ANTONETTI,
Case No. 3:14-cv-00495-JAD-VPC
Plaintiff,

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v.

Order

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S.L. FOSTER et al.,
Defendants.

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On October 22, 2015, this court dismissed this case without prejudice due to plaintiff’s

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failure to file a second amended complaint as directed by this court’s previous order. (ECF

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21 at 5). The court certified that any in forma pauperis appeal from that order would be taken

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in good faith as contemplated by 28 U.S.C. § 1915(a)(3). (Id.).

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On November 3, 2015, plaintiff filed a notice of appeal. (ECF 23). On November 4,

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2015, the Ninth Circuit issued an order referring the matter back to this court for the limited

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purpose of determining whether in forma pauperis status should continue on appeal or

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whether the appeal is frivolous or taken in bad faith. (ECF 25 at 1).

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This court reaffirms that plaintiff’s in forma pauperis status should continue on appeal.
Dated: November 17, 2015.
DATED this __ day of November, 2015.
__________________________________
____________________
__ __ __ _ _
Jennifer Dorsey
ennifer Dorsey
ni
o e
United States District Judge
nited States District Judg
ed ta
d
ri
ric

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