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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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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.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. On December 24, 2014, Plaintiff filed

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a motion for voluntary dismissal. (ECF No. 12.) The action was dismissed without

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prejudice on January 5, 2015. (ECF No. 13.) Also on January 5, 2015, Plaintiff lodged a

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proposed third amended complaint. (ECF No. 14.) His proposed third amended

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complaint was returned to him on the ground the case was closed.

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Before the Court is Plaintiff’s January 28, 2015 motion to proceed in forma

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pauperis. (ECF No. 16.) The Court has already granted Plaintiff leave to proceed in

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forma pauperis in this action. (ECF No. 4.) However , as noted, the action is closed.

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Accordingly the motion is moot.

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Based on the foregoing, Plaintiff’s motion to proceed in forma pauperis (ECF No.
16) is HERBEY DENIED.

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IT IS SO ORDERED.
Dated:

January 30, 2015

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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