UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
February 14, 2012
JEROME RENE ROBINSON, PLAINTIFF - APPELLANT,
HOWARD SAXE, ET AL., DEFENDANTS - APPELLEES.
The opinion of the court was delivered by: Hon. Otis D. Wright II United States District Judge
CC: Ninth Circuit
Order DECLINING to Revoke In Forma Pauperis Status 
Pending before the Court is the United States Court of Appeals for the Ninth Circuit's February 9, 2012 Referral Noticereferring the above-titled matter to this Court for the limited purpose of determining whether in forma pauperis status should continue for Plaintiff-Appellant Jerome Rene Robinson's ("Plaintiff-Appellant")appeal. (Dkt. No. 27.)
On October 27, 2011, United States Magistrate Judge Ralph Zarefsky issued Memorandum and Order Dismissing Plaintiff-Appellant's Second Amended Complaint. (Dkt. No. 15.) Therein, Judge Zarefsky found that Plaintiff-Appellant "may successfully be able to plead . . . at most four claims for relief." (Id. at 5.) Judge Zarefsky also expressly noted that Plaintiff-Appellant had the option of filing a "Notice of Intent Not to Amend Complaint" within 30 days of dismissal of his Second Amended Complaint ("SAC") so that Plaintiff-Appellant could file an appeal from the dismissal of his SAC. (Id. at 7). Upon consideration of the foregoing, this Court finds that Plaintiff-Appellant's appeal is neither frivolous nor taken in bad faith.
The Clerk of the Court shall send a copy of this Order to the Ninth Circuit Court of Appeals referencing case number 12-55273.
IT IS SO ORDERED.
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