Costa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EVERETT SPILLARD, II, No. 2:20-cv-0702 KJM CKD P Plaintiff, v. ORDER COSTA, et al., Defendants. 16 On September 24, 2021, the magistrate judge dismissed the plaintiff’s complaint for failure to state a claim. Prev. Order (Sept. 24, 2021) at 14, ECF No. 14. The magistrate judge noted that the allegations were “vague, confusing and conclusory.” Id. Rather than filing an amended complaint, the plaintiff chose to rest on the allegations of his previously dismissed complaint. See Findings and Recommendations at 1, ECF No. 16. On January 12, 2022, this court dismissed the case. ECF No. 20. Plaintiff filed a notice of appeal on February 7, 2022. ECF No. 22. On February 25, 2022, the Ninth Circuit asked that this court determine whether plaintiff’s in forma pauperis status should continue on appeal or whether in forma pauperis status should be revoked because the appeal is frivolous or taken in bad faith. See 28…