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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH GARBARINI,

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Plaintiff,

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v.
WAYNE ULIT, et al.,

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Defendants.

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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.

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On November 13, 2017, Plaintiff filed a notice of appeal to the United States Court of Appeals

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for the Ninth Circuit. On this same date, Plaintiff filed a motion for leave to proceed in forma

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pauperis on appeal. (ECF No. 139.)

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A party who is permitted to proceed in forma pauperis in the district court may proceed in

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forma pauperis on appeal without further authorization unless the district court certifies that the appeal

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is not taken in good faith. See Fed. R. App. P. 24(a)(3). Here, Plaintiff was granted in forma pauperis

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status on July 9, 2014 (ECF No. 4); thus, he is automatically entitled to proceed in forma pauperis on

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appeal, and his motion shall be denied as unnecessary.

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IT IS SO ORDERED.
Dated:

January 11, 2018
UNITED STATES MAGISTRATE JUDGE

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