Todd v. California Department of Corrections and Rehabilition et al

Filing 89

ORDER DENYING 83 Motion to Proceed IFP AS MOOT signed by Magistrate Judge Barbara A. McAuliffe on 9/28/2017. (Jessen, A)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL ANTHONY TODD, Plaintiff, 11 12 13 14 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AS MOOT (ECF No. 83) Defendants. 15 16 Case No. 1:12-cv-01003-DAD-BAM (PC) _____________________________________/ 17 18 On August 7, 2017, the Court dismissed Defendants Indermill, Albitre and Carron from 19 this action on qualified immunity grounds. (ECF No. 79.) On August 28, 2017, Plaintiff filed a 20 notice of appeal regarding the dismissal, which was processed to the United States Court of 21 Appeals for the Ninth Circuit. (ECF Nos. 80, 81.) Subsequently, on September 1, 2017, Plaintiff 22 filed a motion to proceed in forma pauperis on the appeal. (ECF No. 83.) Before the motion was 23 addressed, the Ninth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction. (ECF No. 87.) 24 Accordingly, Plaintiff’s motion to proceed in forma pauperis on appeal is HEREBY DENIED as 25 moot. IT IS SO ORDERED. 26 27 28 Dated: September 28, 2017 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?