Turner v. McCall et al

Filing 24

ORDER DISREGARDING 23 Plaintiff's Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis signed by Magistrate Judge Barbara A. McAuliffe on 2/27/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY RECARDO G. TURNER,

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Plaintiff,

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v.
J. McCALL, et al.,

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Defendants.

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Case No.: 1:13-cv-01611-LJO-BAM (PC)
ORDER DISREGARDING PLAINTIFF’S
AFFIDAVIT ACCOMPANYING MOTION FOR
PERMISSION TO APPEAL IN FORMA
PAUPERIS
(ECF No. 23)

Plaintiff Anthony Recardo G. Turner (“Plaintiff”), a state prisoner, proceeded pro se in this

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civil rights action pursuant to 42 U.S.C. § 1983. On October 29, 2013, the Court found Plaintiff

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subject to 28 U.S.C. § 1915(g), denied Plaintiff’s application to proceed in forma pauperis and

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dismissed this action without prejudice to refiling with the submission of the $400.00 filing fee in full.

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(ECF No. 19.) Plaintiff did not appeal.
On February 10, 2014, more than three months after this action was dismissed, Plaintiff filed a

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motion to proceed in forma pauperis. (ECF No. 21.) As this action was dismissed and closed, the

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Court denied Plaintiff’s motion to proceed in forma pauperis as moot on February 12, 2014. (ECF No.

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22.)

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On February 18, 2014, Plaintiff filed the instant document, which is entitled “Form 4.

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Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis.” (ECF No. 23, p. 1.)

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There is no pending appeal and this action is closed. Accordingly, Plaintiff’s affidavit is HEREBY

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DISREGARDED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 27, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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