(PC) Hoffman v. Preston ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCELLAS HOFFMAN, Case No. 1:16-cv-01617-LJO-SAB (PC) 12 Plaintiff, Appeal No. 20-15396 13 v. ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL 14 TIMOTHY PRESTON, (ECF No. 62) 15 Defendant. 16 17 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis 18 in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of 19 Narcotics, 403 U.S. 388 (1971). On June 13, 2019, the Court dismissed Plaintiff’s First 20 Amendment retaliation claim for failure to state a cognizable claim under Bivens. (ECF No. 44.) 21 On January 4, 2020, the Court granted Defendant Timothy Preston’s motion to dismiss without 22 leave to amend and dismissed this action, with prejudice, for failure to state a claim upon which 23 relief may be granted under Bivens. (ECF No. 57.) Plaintiff filed a notice of appeal, pursuant to 24 the prison mailbox rule, on March 1, 2020. (ECF No. 59.) 25 On March 12, 2020, the Ninth Circuit Court of Appeals referred this matter back to this 26 Court for the limited purpose of determining whether in forma pauperis status should continue for 27 the appeal. 28 U.S.C. § 1915(a)(3). (ECF No. 62.) The Court finds that the appeal is not 28 frivolous or taken in bad faith. Therefore, Plaintiff’s in forma pauperis status should not be 1 | revoked and should continue for the appeal. 2 3 IT IS SO ORDERED. OF. nf ee 4 | Dated: _March 16, 2020_ ef ; UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28