Preston
(PC) Hoffman v. Preston
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARCELLAS HOFFMAN, Case No. 1:16-cv-01617-LJO-SAB (PC) Plaintiff, Appeal No. 20-15396 v. ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
TIMOTHY PRESTON, (ECF No. 62) Defendant. 16 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). On June 13, 2019, the Court dismissed Plaintiff’s First Amendment retaliation claim for failure to state a cognizable claim under Bivens. (ECF No. 44.) On January 4, 2020, the Court granted Defendant Timothy Preston’s motion to dismiss without leave to amend and dismissed this action, with prejudice, for failure to state a claim upon which relief may be granted under Bivens. (ECF No. 57.) Plaintiff filed a notice of appeal, pursuant to the prison mailbox rule, on March 1, 2020. (ECF No. 59.) On March 12, 2020, the…