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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY GASTON,
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Plaintiff,
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vs.
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L. TERRONEZ,
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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.
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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
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judgment was entered in favor of Defendant, closing this case. (Docs. 69, 70.) On December
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2, 2013, Plaintiff filed a notice of appeal to the Ninth Circuit court of appeals, together with a
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motion for leave to proceed in forma pauperis on appeal. (Docs. 72, 73.)
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Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was
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permitted to proceed in forma pauperis in the district court action may proceed in forma
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pauperis on appeal without prior authorization. Fed. R. App. P. 249(a)(3). In this case,
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Plaintiff=s application to proceed in forma pauperis in the district court action was granted on
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October 29, 2008. (Doc. 4.)
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///
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff is authorized to proceed in forma pauperis on appeal; and
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The Clerk is directed to serve a copy of this order on the Ninth Circuit court of
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appeals.
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IT IS SO ORDERED.
Dated:
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December 16, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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