Oliveira

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, No. 1:19-cv-00417-DAD-JLT (PC) Plaintiff, v. ORDER FINDING APPEAL IS NOT

FRIVOLOUS AND CONTINUING IN

M. OLIVEIRA, FORMA PAUPERIS STATUS Defendant. (Doc. No. 28)

16 This action proceeded by way of a first amended complaint (“FAC”) filed by plaintiff Allen Hammler, a state prisoner proceeding pro se and in forma pauperis, on January 23, 2020. (Doc. No. 11.) On February 7, 2020, the assigned magistrate judge screened the FAC and found that it failed to state a cognizable First Amendment retaliation claim because plaintiff did not allege any adverse action. (Doc. No. 12 at 3–5.) Rather than amend his FAC, plaintiff appealed to the Ninth Circuit Court of Appeals on March 2, 2020. (Doc. No. 13.) The Ninth Circuit dismissed plaintiff’s appeal for lack of jurisdiction because the screening order was not a final or appealable order. (Doc. No. 16.) On April 1, 2020, the magistrate…