Garbarini v. Ulit et al

Filing 147

ORDER Denying Plaintiff's 139 Motion to Proceed IFP Status on Appeal as Unnecessary signed by Magistrate Judge Stanley A. Boone on 01/11/2018. (Flores, E)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 RALPH GARBARINI, 6 Plaintiff, 7 8 v. WAYNE ULIT, et al., 9 Defendants. 10 11 12 ) ) ) ) ) ) ) ) ) ) Case No. 1:14-cv-01058-AWI-SAB (PC) ORDER DENYING PLAINTIFF’S MOTION FOR IN FORMA PAUPERIS STATUS ON APPEAL AS UNNECESSARY [ECF No. 139] On October 30, 2017, the Court granted Defendants’ motions for summary judgment and judgment was entered in favor of Defendants. 13 On November 13, 2017, Plaintiff filed a notice of appeal to the United States Court of Appeals 14 for the Ninth Circuit. On this same date, Plaintiff filed a motion for leave to proceed in forma 15 pauperis on appeal. (ECF No. 139.) 16 A party who is permitted to proceed in forma pauperis in the district court may proceed in 17 forma pauperis on appeal without further authorization unless the district court certifies that the appeal 18 is not taken in good faith. See Fed. R. App. P. 24(a)(3). Here, Plaintiff was granted in forma pauperis 19 status on July 9, 2014 (ECF No. 4); thus, he is automatically entitled to proceed in forma pauperis on 20 appeal, and his motion shall be denied as unnecessary. 21 22 23 24 IT IS SO ORDERED. Dated: January 11, 2018 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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?