IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 22, 2012
MADY CHAN, PLAINTIFF,
COUNTY OF SACRAMENTO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a prisoner proceeding pro se and in forma paupers, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff's motion for injunctive relief was denied and plaintiff filed an appeal with the Ninth Circuit. On February 15, 2012, the Ninth Circuit referred the matter back to this court for the limited purpose of determining whether plaintiff's in forma pauperis status should continue for the appeal or whether the appeal is frivolous or taken in bad faith.
Plaintiff's appeal is not frivolous or taken in bad faith and his in forma pauperis status should continue on appeal.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's in forma pauperis status shall continue;
2. The Clerk shall serve this order upon the Ninth Circuit Court of Appeals, Case No. 12-15250.
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