(PS) McDaniel v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 TANYA GRACE MCDANIEL, No. 2:21-cv-01696 WBS DB Plaintiff, v. ORDER UNITED STATES OF AMERICA; et al., 16 Defendants.

18 ----oo0oo---- 19 After the court adopted the Magistrate Judge’s Findings 20 and Recommendations and dismissed the case, plaintiff appealed. 21 (See Docket Nos. 91, 95, 97.) The Ninth Circuit has now referred 22 the matter back to this court “for the limited purpose of 23 determining whether in forma pauperis status should continue for 24 this appeal or whether the appeal is frivolous or taken in bad 25 faith” under 28 U.S.C. § 1915(a)(3) and Hooker v. American 26 Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). (Docket No. 100.) 27 For the reasons discussed in the Magistrate Judge’s 28 nnn nnn nnn ene EO OO OD

Findings and Recommendations, and as found in the court’s order adopting those Findings and Recommendations, the court finds that the complaint and plaintiff’s appeal …