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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL ANTHONY TODD,
Plaintiff,
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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.
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Case No. 1:12-cv-01003-DAD-BAM (PC)
_____________________________________/
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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.
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Dated:
September 28, 2017
/s/ Barbara
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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