Diaz v. Vasquez, et al.

Filing 32

ORDER DENYING Plaintiff's 25 Motion to Proceed IFP as MOOT signed by Magistrate Judge Stanley A. Boone on 8/12/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE No. 1:12-cv-00732-SAB (PC)
MIGUEL ENRIQUE DIAZ,
Plaintiff

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v.

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ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS AS MOOT
(ECF No. 25)

CAPTAIN VASQUEZ, et al.,
Defendants.
Plaintiff Miguel Enrique Diaz (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action filed pursuant to 42 U.S.C. § 1983. This action was filed on May 4, 2012. (ECF No.
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1.) On February 25, 2013, the Court dismissed this action, with prejudice, for failure to state a
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claim. (ECF No. 23.) On February 25, 2013, Plaintiff filed a motion to proceed in forma
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pauperis. (ECF No. 25.) On March 29, 2013 Plaintiff filed a notice of appeal. (ECF No. 26.) On
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July 9, 20013, the Ninth Circuit dismissed the appeal for lack of jurisdiction due to the
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untimeliness of Plaintiff’s appeal. (ECF No. 30.) On August 9, 2013, the Ninth Circuit issued the

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mandate for its previous ruling. (ECF No. 31.) Accordingly,
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IT IS HEREBY ORDERED that Plaintiff’s motion to proceed in forma pauperis is

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DENIED as MOOT.
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IT IS SO ORDERED.

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Dated:

August 12, 2013

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UNITED STATES MAGISTRATE JUDGE