Opinion
1:16-cv-01817-AWI-BAM (PC)
06-16-2021
RICKY RIVERA, Plaintiff, v. DAVEY, et al., Defendants.
Appeal No. 21-15853
ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Plaintiff Ricky Rivera (“Plaintiff”) is a state prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On April 14, 2021, the Court granted Defendants' motion to dismiss and dismissed this action due to Plaintiff's failure to exhaust available administrative remedies. (ECF No. 62.) Judgment was entered accordingly the same date. (ECF No. 63.) On May 11, 2021, Plaintiff filed a notice of appeal. (ECF No. 64.)
On June 15, 2021, 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.