Rivas v. Cook

Opinion

DANIEL RIVAS, Case No. 1:20-cv-01484-DAD-SAB Plaintiff, Appeal No. 21-15559 v. ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL JIM COOK, et al, (ECF No. 22) Defendants. Plaintiff Daniel Rivas is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2021, the Court dismissed this action, without prejudice, for failure to state a claim and as barred by Heck v. Humphrey, 512 U.S. 477, 482, 486-487 (1994). (ECF Nos. 13, 17.) On June 20, 2018, Plaintiff filed a notice of appeal. (ECF No. 19.) On March 31, 2021, the Ninth Circuit Court of Appeals referred the matter back to this Court for the limited purpose of determining whether in forma pauperis status should continue for the appeal. 28 U.S.C. § 1915(a)(3). CECF No. 22.) The Court finds that this appeal is not taken in bad faith and is not frivolous. Accordingly, in forma pauperis status should not be revoked and should continue on appeal. The Clerk of the Court is DIRECTED to serve a copy of this order on the Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. OF. ee Dated: _ April 2, 2021

UNITED STATES MAGISTRATE JUDGE