Dews v. Brown et al

Filing 36

ORDER Disregarding 35 Motion for Leave to Proceed in Forma Pauperis on Appeal as Moot, signed by Magistrate Judge Sheila K. Oberto on 5/8/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CLARENCE LEON DEWS,

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Plaintiff,

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CASE NO. 1:12-cv-00278-AWI-SKO PC
ORDER DISREGARDING MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS
ON APPEAL AS MOOT

v.
EDMUND G. BROWN, et al.,

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(Doc. 35)

Defendants.
/

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Plaintiff Clarence Leon Dews, a state prisoner proceeding pro se and in forma pauperis, filed

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this action pursuant to 42 U.S.C. § 1983 on February 21, 2012. On April 18, 2013, Plaintiff filed

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a notice of appeal, and on May 6, 2013, Plaintiff filed a motion seeking leave to proceed in forma

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pauperis.

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A party who was permitted to proceed in forma pauperis in the district court action may

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proceed in forma pauperis on appeal without further authorization, unless the district court certifies

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that the appeal was not taken in good faith or finds that the party is not otherwise authorized to

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proceed in forma pauperis. Fed. R. App. P. 24(a)(3) (quotation marks omitted). In this case, the

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Court has not certified that Plaintiff’s appeal was not taken in good faith or otherwise found that he

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is not entitled to proceed in forma pauperis on appeal.

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Accordingly, Plaintiff’s motion seeking leave to proceed in forma pauperis on appeal is
HEREBY DISREGARDED as moot.

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IT IS SO ORDERED.

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Dated:
i0d3h8

May 8, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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