(PC) Johnson v. Dovey et al

Filing 37

ORDER DISREGARDING 32 MOTION to PROCEED IN FORMA PAUPERIS filed by Garrison S. Johnson AS MOOT, signed by Magistrate Judge Dennis L. Beck on 8/7/2009. (Martin, S)

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1 2 3 4 5 6 7 8 9 GARRISON S. JOHNSON, 10 Plaintiff, 11 v. 12 JOHN DOVEY, et al., 13 Defendants. 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 § 1983. On April 23, 2009, Magistrate Judge Dennis L. Beck issued Findings and Recommendations recommending that certain claims and defendants be dismissed, and that the action proceed on the claims found to be cognizable. (Doc. 20.) On July 9, 2009, District Judge Lawrence J. O'Neill adopted the Findings and Recommendations. On July 21, 2009, Plaintiff filed a notice of appeal. On July 22, 2009, the appeal was processed to the Court of Appeals for the Ninth Circuit. On July 21, 2009, Plaintiff filed a motion for leave to proceed in forma pauperis on appeal. Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was permitted to proceed in forma pauperis in the district-court action may proceed in forma pauperis on appeal without prior authorization. In this case, Plaintiff's application to proceed in forma pauperis was granted on May 13, 2008. In light of this rule, IT IS HEREBY ORDERED that: 1. Plaintiff's application to proceed in forma pauperis on appeal is DISREGARDED 1 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. (Doc. 32) ORDER DISREGARDING APPLICATION TO PROCEED IN FORMA PAUPERIS AS MOOT CASE NO. 1:08-cv-00640-LJO-DLB PC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. AS MOOT; and The Clerk of Court is DIRECTED to serve a copy of this order on the Court of Appeals for the Ninth Circuit. IT IS SO ORDERED. Dated: 3b142a August 7, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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