(PC) Miller v. Najera

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA STEVEN R. MILLER, Case No. 1:19-cv-01077-AWI-BAM (PC)

Plaintiff, Appeal No. 21-15202 v. ORDER REGARDING IN FORMA PAUPERIS

STATUS ON APPEAL NAJERA, et al.,

Defendants.

Plaintiff Steven R. Miller (“Plaintiff”) is a federal prisoner who proceeded pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

On December 7, 2020, the Court dismissed this action, with prejudice, due to Plaintiff’s failure to state a claim upon which relief may be granted. (ECF No. 15.) Judgment was entered accordingly the same date. (ECF No. 16.) Plaintiff then filed a motion for reconsideration, which was denied. (ECF Nos. 17, 18.) On February 3, 2021, Plaintiff filed a notice of appeal. (ECF No. 19.)

On February 8, 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.

Dated: February 10, 2021 /s/ Barbara A. McAuliffe _

UNITED STATES MAGISTRATE JUDGE