Vargas v. Hubbard et al

Filing 26

ORDER Regarding Motions At Dockets 19 and 24 , signed by Chief Judge Ralph R. Beistline on 9/19/2013. (Fahrney, E)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
VICTOR M. VARGAS,
Case No. 1:10-cv-02273-RRB
Plaintiff,
ORDER REGARDING MOTIONS
AT DOCKETS 19 and 24

vs.
MATTHEW CATE, et al.,
Defendants.

At Dockets 19 and 24 Victor M. Vargas, a civil committee in the Coalinga State
Hospital appearing pro se, filed duplicate Applications to Proceed In Forma Pauperis. The
application at Docket 19 was filed concurrently with his first Notice of Appeal; the
application at Docket 24 was filed after the appeal was processed to the Court of Appeals.
This Court Dismissed the First Amended Complaint and revoked Vargas’s in forma pauperis
status.1 This Court assumes that Vargas’s intent is to continue his in forma pauperis status
on appeal. This Court, having already ruled on the matter, that request should be
addressed to the Ninth Circuit. Accordingly, the application at Docket 19 is stricken as
superfluous and the Clerk of the Court is hereby directed to forward a copy of the
application at Docket 24 to the Court of Appeals, together with a copy of this Order, for
such further action as that Court may deem appropriate.
IT IS SO ORDERED this 19th day of September, 2013.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

1

Docket 17.