Rivas v. Cook ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 DANIEL RIVAS, Case No. 1:20-cv-01484-DAD-SAB 7 Plaintiff, Appeal No. 21-15559 8 v. ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL 9 JIM COOK, et al, (ECF No. 22) 10 Defendants. 11 12 Plaintiff Daniel Rivas is proceeding pro se and in forma pauperis in this civil rights action 13 pursuant to 42 U.S.C. § 1983. On March 9, 2021, the Court dismissed this action, without 14 | prejudice, for failure to state a claim and as barred by Heck v. Humphrey, 512 U.S. 477, 482, 15 | 486-487 (1994). (ECF Nos. 13, 17.) On June 20, 2018, Plaintiff filed a notice of appeal. (ECF 16 | No. 19.) 17 On March 31, 2021, the Ninth Circuit Court of Appeals referred the matter back to this 18 | Court for the limited purpose of determining whether in forma pauperis status should continue for 19 | the appeal. 28 U.S.C. § 1915(a)(3). CECF No. 22.) The Court finds that this appeal is not taken 20 | in bad faith and is not frivolous. Accordingly, in forma pauperis status should not be revoked 21 | and should continue on appeal. The Clerk of the Court is DIRECTED to serve a copy of this 22 | order on the Court of Appeals for the Ninth Circuit. 23 24 IT IS SO ORDERED. OF. ee 25 | Dated: _ April 2, 2021 UNITED STATES MAGISTRATE JUDGE 27 28