Winn-Reed
(PC) Brown v. Winn-Reed
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EUGENE CARLTON BROWN, Case No. 1:19-cv-00240-LJO-BAM (PC) Plaintiff, Appeal No. 20-15376 v. ORDER REGARDING IN FORMA PAUPERIS
STATUS ON APPEAL
WINN-REED, et al., Defendants. 16 Plaintiff Eugene Carlton Brown, (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. On January 24, 2020, the Court dismissed this action for failure to state a claim. (ECF Nos. 15, 16.) On March 4, 2020, Plaintiff filed a notice of appeal. (ECF No. 17.) On April 6, 2020, 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. Although the notice of appeal was docketed on March 4, 2020, beyond the thirty days provided by Federal Rule 26…