(PC) Sams v. Diaz ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES PLAS SAMS, No. 2:20-CV-0568-JAM-DMC-P 12 Plaintiff, 13 v. ORDER 14 RALPH DIAZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, appeals the Court's final judgment entered 18 on March 30, 2022. The matter was referred by the Ninth Circuit Court of Appeals to certify 19 whether in forma pauperis status should continue on appeal or whether the appeal is frivolous or 20 taken in bad faith, in which case in forma pauperis status would be revoked pursuant to 28 U.S.C. 21 § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). The 22 matter has been further referred to the undersigned by the District Judge. See ECF No. 74 23 (minute order). 24 Having reviewed the entire file, the Court concludes in forma pauperis status 25 should not be revoked because the appeal does not appear to be either frivolous or taken in bad 26 faith. 27 / / / 28 / / / 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s in forma pauperis status should not be revoked and such status 3 | should continue on appeal; and 4 2. The Clerk of the Court is directed to serve a copy of this order on the Pro 5 | Se Unit at the Ninth Circuit Court of Appeals. 6 7 | Dated: June 24, 2022 Ssvcqo_ 8 DENNIS M. COTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28