Cohea v. Adams et al

Filing 96

ORDER DISREGARDING Plaintiff's 95 Motion for Permission to File Appeal, signed by Magistrate Judge Barbara A. McAuliffe on 3/30/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DANNY JAMES COHEA,

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CASE NO. 1:08-cv-01186-LJO-BAM PC

Plaintiff,

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ORDER DISREGARDING PLAINTIFF’S
MOTION FOR PERMISSION TO FILE APPEAL

v.
(ECF No. 95)

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D. ADAMS, et al.,

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Defendants.
/

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Plaintiff Danny James Cohea (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. This action was dismissed on December 21, 2011, for

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failure to prosecute. (ECF No. 86.) On January 4, 2012, Plaintiff filed a motion for reconsideration,

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and notice of appeal. (ECF Nos. 88, 89.) Plaintiff’s motion for reconsideration was denied on

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January 26, 2012. (ECF No. 91.) On February 28, 2012, in response to a referral from the Ninth

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Circuit, a notice and order issued finding that Plaintiff is not entitled to proceed in forma pauperis

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on appeal pursuant to 28 U.S.C. § 1915(g). (ECF No. 94.) On March 29, 2012, Plaintiff filed a

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motion for permission to appeal the revocation of his in forma pauperis status. (ECF No. 95.)

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This court has found that Plaintiff is not entitled to proceed in forma pauperis on appeal, and

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his motion for permission to file an appeal shall be disregarded. If Plaintiff wishes to receive in

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forma pauperis status on appeal, he must seek leave from the appellate court. Fed. R. App. P. 24

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(a)(5).

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Accordingly, Plaintiff’s motion for permission to file an appeal, filed March 29, 2012, is

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HEREBY DISREGARDED.

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IT IS SO ORDERED.

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Dated:
10c20k

March 30, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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