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