Heflebower v. U.S Bank National Association et al

Filing 18

ORDER denying 16 Motion to Proceed IFP signed by District Judge Lawrence J. O'Neill on 9/26/2013. (Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 JOHN CHARLES HEFLEBOWER, 9 Plaintiff, 10 11 CASE NO. CV F 13-1121 LJO MJS ORDER TO DENY IN FORMA PAUPERIS (Doc. 16.) vs. 12 13 U.S. BANK NATIONAL ASSOCIATION, et al., 14 Defendants. 15 16 ______________________________/ 17 Plaintiff filed a September 3, 2013 request to proceed in forma pauperis in his appeal to 18 the Ninth Circuit Court of Appeals. Plaintiff's appeal divests this Court of jurisdiction. Gould 19 v. Mutual Life Ins. Co., 790 F.2d 769, 772 (9th Cir. 1986). As such, this Court is unable to 20 grant plaintiff in forma pauperis status and directs plaintiff to seek such relief from the Ninth 21 Circuit Court of Appeals. 22 qualifies for in forma pauperis status, especially given that he paid this Court's filing fee. Moreover, plaintiff makes no attempt to demonstrate that he 23 24 25 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill September 26, 2013 UNITED STATES DISTRICT JUDGE 26 27 28 1

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