Carter v. Dawson et al

Filing 193

ORDER Denying as Moot Plaintiff's 191 Motion for Fee Waiver signed by Magistrate Judge Barbara A. McAuliffe on 10/16/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LON CARTER,

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Plaintiff,
v.
NICK DAWSON, et al.,

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Defendants.

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Case No.: 1:07-cv-01325-AWI-BAM (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION FOR FEE WAIVER
(ECF No. 191)

Plaintiff Lon Carter (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On March 6, 2015, the Court dismissed his

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action. (ECF No. 183.) Plaintiff appealed, but did not pay his fees for that appeal. (ECF No. 187.)

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On April 17, 2015, Plaintiff filed the instant motion for a fee waiver on appeal before this

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Court. (ECF No. 191.) A few months later, on August 6, 2015, the Ninth Circuit granted Plaintiff

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leave to proceed in forma pauperis on appeal. (ECF No. 192.) As a result, his motion for the same

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relief currently pending before this Court is moot.

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For these reasons, IT IS HEREBY ORDERED that Plaintiff’s motion for fee waiver (ECF No.

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191) is DENIED as moot.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 16, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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