Delaney

(PC) Pilcher v. Delaney

Good Law
United States District Court, Eastern District of CaliforniaNovember 23, 20202:20-cv-01873California291 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ORLANDO LEWAYNE PILCHER, No. 2:20-cv-01873-TLN-KJN Plaintiff, v. ORDER CAROLYN K. DELANEY, Defendant. 16 Plaintiff Orlando Lewayne Pilcher (“Plaintiff”) is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42 U.S.C. § 1983. On October 27, 2020, the Court dismissed this action and judgment was entered. (ECF Nos. 10, 11.) Plaintiff appealed the judgment to the Ninth Circuit Court of Appeals. (ECF No. 13.) On November 13, 2020, the Ninth Circuit referred the matter to this Court for the limited purpose of determining whether Plaintiff’s in forma pauperis status should continue on appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status is appropriate where the district court finds the appeal to be frivolous). (ECF No. 16.) For the reasons stated…

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