Simon Thornton v. Dileo et al

Filing 17

ORDER DENYING 16 Motion to Proceed IFP signed by Magistrate Judge Michael J. Seng on 1/30/2015. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SIMON THORNTON, 12 13 14 15 Plaintiff, CASE NO. 1:14-cv-0920-LJO-MJS (PC) ORDER DENYING MOTION PROCEED IN FORMA PAUPERIS TO v. (ECF No. 16) L. DILEO, et al., Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. On December 24, 2014, Plaintiff filed 20 a motion for voluntary dismissal. (ECF No. 12.) The action was dismissed without 21 prejudice on January 5, 2015. (ECF No. 13.) Also on January 5, 2015, Plaintiff lodged a 22 proposed third amended complaint. (ECF No. 14.) His proposed third amended 23 complaint was returned to him on the ground the case was closed. 24 Before the Court is Plaintiff’s January 28, 2015 motion to proceed in forma 25 pauperis. (ECF No. 16.) The Court has already granted Plaintiff leave to proceed in 26 forma pauperis in this action. (ECF No. 4.) However , as noted, the action is closed. 27 Accordingly the motion is moot. 28 1 1 2 Based on the foregoing, Plaintiff’s motion to proceed in forma pauperis (ECF No. 16) is HERBEY DENIED. 3 4 5 6 IT IS SO ORDERED. Dated: January 30, 2015 /s/ 7 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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?