(PC) Miller v. Najera ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN R. MILLER, Case No. 1:19-cv-01077-AWI-BAM (PC) 12 Plaintiff, Appeal No. 21-15202 13 v. ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL 14 NAJERA, et al., 15 Defendants. 16 17 Plaintiff Steven R. Miller (“Plaintiff”) is a federal prisoner who proceeded pro se and in 18 forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of 19 Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 20 On December 7, 2020, the Court dismissed this action, with prejudice, due to Plaintiff’s 21 failure to state a claim upon which relief may be granted. (ECF No. 15.) Judgment was entered 22 accordingly the same date. (ECF No. 16.) Plaintiff then filed a motion for reconsideration, which 23 was denied. (ECF Nos. 17, 18.) On February 3, 2021, Plaintiff filed a notice of appeal. (ECF 24 No. 19.) 25 On February 8, 2021, the Ninth Circuit Court of Appeals referred the 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). The Court finds that this appeal is not taken in bad faith and 28 /// 1 is not frivolous. Accordingly, in forma pauperis status should not be revoked and should 2 continue on appeal. 3 IT IS SO ORDERED. 4 5 Dated: February 10, 2021 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28