Filed: Mar. 30, 2018
Latest Update: Mar. 30, 2018
Summary: ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL Appeal No. 18-15488 BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Jose Luis Buenrostro, ("Plaintiff"), a federal prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). On January 30, 2018, the Court dismissed this action for failure to state a claim. (ECF Nos. 64, 65.) On February 15, 2018, Plaintif
Summary: ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL Appeal No. 18-15488 BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff Jose Luis Buenrostro, ("Plaintiff"), a federal prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). On January 30, 2018, the Court dismissed this action for failure to state a claim. (ECF Nos. 64, 65.) On February 15, 2018, Plaintiff..
More
ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL
Appeal No. 18-15488
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff Jose Luis Buenrostro, ("Plaintiff"), a federal prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). On January 30, 2018, the Court dismissed this action for failure to state a claim. (ECF Nos. 64, 65.) On February 15, 2018, Plaintiff filed a motion for reconsideration together with a notice of appeal. (ECF Nos. 66, 68.) On March 22, 2018, the Court denied Plaintiff's motion for reconsideration and directed the Clerk of the Court to process Plaintiff's notice of appeal. (ECF No. 67.)
On March 29, 2018, 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). 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.
IT IS SO ORDERED.
