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Elbert Lee Vaught, Iv v. G. Ugwueze

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 17, 2013

ELBERT LEE VAUGHT, IV, PLAINTIFF,
v.
G. UGWUEZE, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER REGARDING IN FORMA PAUPERIS STATUS ON APPEAL

Plaintiff Elbert Lee Vaught, IV, is a prisoner proceeding pro se and in formal pauperis in this civil rights action filed on April 19, 2011. On December 17, 2012, the Court dismissed the action for failure to state a claim for which relief may be granted. Plaintiff filed a notice of appeal on January 7, 2013.

On January 14, 2013, the Ninth Circuit Court of Appeals referred the matter back to this Court for the limited purpose of determining whether in forma pauperis status should continue for the appeal, or whether the appeal is frivolous or taken in bad faith. 28 U.S.C. § 1915(a)(3).

The Court finds that this appeal is not taken in bad faith and is not frivolous. Accordingly, in forma pauperis status should not be revoked and should continue on appeal.

IT IS SO ORDERED.

20130117

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