Opinion
3:15-cv-00199-RCJ-VPC
12-02-2015
MARK W. CUTLER, Plaintiff, v. ISIDRO BACA et al., Defendants.
ORDER
This Court dismissed the Complaint upon screening, without leave to amend, finding that Plaintiff in alleged medical malpractice, not cruel and unusual punishment. The Court of Appeals has asked the Court to determine whether in forma pauperis status should continue on appeal. See 28 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).
CONCLUSION
IT IS HEREBY ORDERED that in forma pauperis status shall not continue on appeal, as an appeal would be frivolous.
IT IS SO ORDERED. Dated this 2nd day of December, 2015.
/s/_________
ROBERT C. JONES
United States District Judge