Gaston v. Terronez

Filing 77

ORDER RE Plaintiff's 73 Motion to Proceed In Forma Pauperis on Appeal signed by Magistrate Judge Gary S. Austin on 12/16/2013. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY GASTON, 12 Plaintiff, 13 vs. 14 L. TERRONEZ, 15 1:08-cv-01629-GSA-PC Appeal case no. 13-17551 ORDER RE PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL (Doc. 73.) Defendant. 16 17 18 Anthony Gaston ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. ' 1983. On October 30, 2013, Defendant’s motion for summary judgment was granted, and 19 20 judgment was entered in favor of Defendant, closing this case. (Docs. 69, 70.) On December 21 2, 2013, Plaintiff filed a notice of appeal to the Ninth Circuit court of appeals, together with a 22 motion for leave to proceed in forma pauperis on appeal. (Docs. 72, 73.) 23 Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was 24 permitted to proceed in forma pauperis in the district court action may proceed in forma 25 pauperis on appeal without prior authorization. Fed. R. App. P. 249(a)(3). In this case, 26 Plaintiff=s application to proceed in forma pauperis in the district court action was granted on 27 October 29, 2008. (Doc. 4.) 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff is authorized to proceed in forma pauperis on appeal; and 3 2. The Clerk is directed to serve a copy of this order on the Ninth Circuit court of 4 appeals. 5 6 7 8 9 IT IS SO ORDERED. Dated: 10 11 12 December 16, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 6i0kij8d 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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