Bolin v. Brown et al

Filing 25

ORDER DISREGARDING Application to Proceed in Forma Pauperis on Appeal as MOOT 20 , signed by Magistrate Judge Gary S. Austin on 9/20/12: The Clerk of Court is DIRECTED to serve a copy of this order on the Court of Appeals for the Ninth Circuit. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL C. BOLIN,

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Plaintiff,

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1:12-cv-00077-LJO-GSA-PC
Appeals Court Case Number: 12-17079
ORDER DISREGARDING APPLICATION
TO PROCEED IN FORMA PAUPERIS ON
APPEAL AS MOOT

v.
EDMUND G. BROWN, et al.,

(Document #20)
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Defendants.
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___________________________________/
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. §

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1983. Judgment was entered in this case on August 23, 2012, and on September 13, 2012, Plaintiff

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filed a notice of appeal. (Docs. 19, 21.)

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On September 13, 2012, Plaintiff filed an application to proceed in forma pauperis on appeal.

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(Doc. 20.) 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 pauperis on

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appeal without prior authorization. Fed. R. App. P. 24. In this case, Plaintiff’s previous application

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to proceed in forma pauperis, filed on January 17, 2012 in the district court action, was granted on

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January 30, 2012. (Docs. 2, 4.) Therefore, Plaintiff does not require authorization to proceed in

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forma pauperis on appeal, and Plaintiff’s application filed on September 13, 2012, is moot.

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Accordingly, IT IS HEREBY ORDERED that:

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2012, is DISREGARDED AS MOOT; and
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Plaintiff’s application to proceed in forma pauperis on appeal, filed on September 13,

The Clerk of Court is DIRECTED to serve a copy of this order on the Court of
Appeals for the Ninth Circuit.

IT IS SO ORDERED.
Dated:
220hhe

September 20, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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