Massengale
Massengale v. Green Jr.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 KEVIN MASSENGALE, No. 1:24-cv-00065-KES-CDB (PC) Plaintiff, Appeal No. 24-7070 v. ORDER REGARDING IN FORMA
PAUPERIS STATUS ON APPEAL
KENNETH R. GREEN, JR., et al. (Doc. 15) Defendants.
13 On November 4, 2024, the Court adopted findings and recommendations to dismiss the complaint without leave to amend. Doc. 12. Following the entry of judgment, plaintiff filed a notice of appeal and a motion to proceed in forma pauperis. Docs. 14, 15. On December 4, 2024, 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 or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3); Doc. 18. Federal Rule of Appellate Procedure 24(a)(3)(A) provides that a party who was permitted to proceed in forma pauperis in the district court action may continue to proceed in forma pauperis on appeal…