Rivas

Rivas v. Cook

Good Law
United States District Court, Eastern District of CaliforniaApril 2, 20211:20-cv-01484California247 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 DANIEL RIVAS, Case No. 1:20-cv-01484-DAD-SAB Plaintiff, Appeal No. 21-15559 v. ORDER REGARDING IN FORMA PAUPERIS

STATUS ON APPEAL

JIM COOK, et al, (ECF No. 22) Defendants. 11 Plaintiff Daniel Rivas is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 9, 2021, the Court dismissed this action, without 14 prejudice, for failure to state a claim and as barred by Heck v. Humphrey, 512 U.S. 477, 482, 486-487 (1994). (ECF Nos. 13, 17.) On June 20, 2018, Plaintiff filed a notice of appeal. (ECF No. 19.) On March 31, 2021, the Ninth Circuit Court of Appeals referred the matter back to this 18 Court for the limited purpose of determining whether in forma pauperis status should continue for the appeal. 28 U.S.C. § 1915(a)(3). CECF No. 22.) The Court finds that this appeal is not taken 20 in bad faith and is not…

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