Gray v. Johnson et al

Filing 281

ORDER That Plaintiff is Authorized to Proceed In Forma Pauperis on Appeal re 277 Motion to Proceed IFP signed by Magistrate Judge Gary S. Austin on 10/12/2017. cc: Ninth Circuit Court of Appeals. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA GRAY,

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1:13-cv-01473-DAD-GSA-PC
Appeal #17-17017

Plaintiff,
vs.
ROMERO, et al.,

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Defendants.

ORDER THAT PLAINTIFF IS
AUTHORIZED TO PROCEED IN FORMA
PAUPERIS ON APPEAL
(ECF No. 277.)

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Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. This case was filed on September 12,

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2013. (ECF No. 1.)

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On October 6, 2017, Plaintiff filed a notice of appeal to the Ninth Circuit Court of
Appeals, appealing the districts court’s orders as follows:
(1)

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issued on September 7, 2017;
(2)

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Order denying Plaintiff’s motion for appointment of counsel (ECF No. 267),

Order denying Plaintiff’s motions as moot (ECF No. 269), issued on September
11, 2017;

(3)

Order denying Plaintiff’s motions for reconsideration (ECF No. 270), issued on
September 11, 2017;
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(4)

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Order denying Plaintiff’s motion to designate expert witness (ECF No. 271),
issued on September 11, 2017; and

(5)

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Order denying requests for judicial notice (ECF No. 272), issued on September
11, 2017.

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(ECF No. 276.) Plaintiff also filed a motion for leave to proceed in forma pauperis on appeal.

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(ECF No. 277.)

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Pursuant to Rule 24 of the Federal Rules of Appellate Procedure, a party who was

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permitted to proceed in forma pauperis in the district-court action may proceed in forma

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pauperis on appeal without prior authorization. Fed. R. App. P. 24(a)(3).

In this case,

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Plaintiff=s application to proceed in forma pauperis in the district-court action was granted on

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September 18, 2013. (ECF No. 4.)

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Accordingly, IT IS HEREBY ORDERED that Plaintiff is authorized to proceed in
forma pauperis on appeal.

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IT IS SO ORDERED.
Dated:

October 12, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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