Dews v. Kern Radiology Medical Group, Inc. et al

Filing 31

ORDER disregarding 29 Motion to Proceed IFP as moot signed by Magistrate Judge Michael J. Seng on 6/21/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CLARENCE LEON DEWS,

District Court Case Number:
1:12-cv-00242-AWI-MJS (PC)

Plaintiff,

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v.

Appeals Court Case Number: 13-15771

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KERN RADIOLOGY MEDICAL GROUP,
INC., et al.,

ORDER DISREGARDING APPLICATION
TO PROCEED IN FORMA PAUPERIS AS
MOOT

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Defendants.

(ECF No. 29)

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________________________________/
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Plaintiff Clarence Leon Dews is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed on February 21, 2012 pursuant to 42 U.S.C. §

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1983. (ECF No. 1.) The First Amended Complaint (ECF No. 4) was dismissed for failure to

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state a claim, but Plaintiff was given leave to file an amended pleading. (ECF No. 23.)

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Plaintiff filed a Second Amended Complaint (ECF No. 25.) The Second Amended

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Complaint has not yet been screened.

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Plaintiff appealed dismissal of the First Amended Complaint to the United States

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Court of Appeals for the Ninth Circuit. (ECF No. 26.) The appeal was dismissed on June

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20, 2013, for lack of jurisdiction. (ECF No. 30.)

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Pending before the Court is Plaintiff’s Motion to Proceed in Forma Pauperis on
Appeal. (ECF No. 29.)
Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was
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. In this case, Plaintiff’s application to

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proceed in forma pauperis was granted on March 22, 2012. (ECF No. 12.) In light of this

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rule, and the recent dismissal of the appeal by the Court of Appeals for the Ninth Circuit, it

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is HEREBY ORDERED that:
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Plaintiff’s application to proceed in forma pauperis on appeal (ECF No. 29) is
DISREGARDED AS MOOT; and

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2.

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

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IT IS SO ORDERED.

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Dated:
12eob4

June 21, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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