Hamilton v. Yates et al

Filing 81

ORDER DENYING AS MOOT 79 Motion to Proceed IFP on Appeal signed by Magistrate Judge Michael J. Seng on 5/23/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL C. HAMILTON,

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Plaintiff,
v.
J. A. YATES, et al.,

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Case No. 1:10-cv-01925-LJO-MJS (PC)
ORDER DENYING AS MOOT MOTION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL
(ECF No. 79)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. On February 8, 2016, Plaintiff filed a
notice of appeal (ECF No. 75) and a motion to proceed in forma pauperis on appeal
(ECF No. 79).
On May 18, 2016, the Ninth Circuit issued an order revoking Plaintiff’s IFP status
on appeal because he has had three or more prior actions or appeals dismissed as
frivolous, malicious, or for failure to state a claim, pursuant to 28 U.S.C. § 1915(g). The
Ninth Circuit directed Plaintiff to pay the $505.00 filing fee to the district court within 21
days after the date of its order.
Accordingly, Plaintiff’s motion to proceed in forma pauperis on appeal (ECF No.

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79) is HEREBY DENIED as moot.
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Dated:

May 23, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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