Tkac v. Anderson, Jr. et al

Filing 20

ORDER regarding 19 Motion to Proceed IFP on Appeal signed by Magistrate Judge Gary S. Austin on 3/23/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN TKAC,

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Plaintiff,
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v.
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ARTHUR ANDERSON, et al.,
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Defendant.
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____________________________________)

1:10-cv-01043-GSA-PC
ORDER RE MOTION TO PROCEED IN
FORMA PAUPERIS ON APPEAL
(Doc. 19.)

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Steven Tkac ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action
pursuant to 42 U.S.C. § 1983.

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On December 14, 2011, this action was dismissed in its entirety based on Plaintiff's failure to

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state a claim upon which relief may be granted under § 1983, with leave to file a petition for habeas

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corpus. (Doc. 15. On March 19, 2012, Plaintiff filed a motion for leave to proceed in forma

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pauperis on appeal. (Doc. 19.)

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Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was permitted

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to proceed in forma pauperis in the district-court action may proceed in forma pauperis on appeal

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without prior authorization. Fed. R. App. P. 249(a)(3). In this case, Plaintiff’s application to

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proceed in forma pauperis in the district-court action was granted on June 10, 2010. (Doc. 4.)

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Accordingly, IT IS HEREBY ORDERED that Plaintiff is authorized to proceed in forma
pauperis on appeal.

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IT IS SO ORDERED.

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Dated:
6i0kij

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March 23, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE