Matthew Powell v. Barron et al

Filing 52

ORDER signed by Magistrate Judge Stanley A. Boone on 10/7/2016 denying as unnecessary 51 Motion to Proceed IFP on Appeal. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW POWELL,

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Plaintiff,

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v.
M. BARRON, et al.,

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Defendants.

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Case No.: 1:15-cv-00089-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR IN FORMA PAUPERIS STATUS ON
APPEAL AS UNNECESSARY
[ECF No. 51]

Plaintiff Matthew Powell is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On August 11, 2016, the Court denied Plaintiff’s motion for reconsideration of the dismissal

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of certain claims for failure to state a cognizable claim for and as barred by the applicable statute of

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limitations. (ECF No. 47.) On September 12, 2016, Plaintiff filed a notice of appeal of the Court’s

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decision. (ECF No. 48.)

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On October 6, 2016, Plaintiff filed a motion for leave to proceed in forma pauperis on appeal.
(ECF No. 51.)
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 January 26, 2015 (ECF No. 4); thus, he is automatically entitled to proceed in forma pauperis

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on appeal, and his motion shall be denied as unnecessary.

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IT IS SO ORDERED.

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Dated:

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October 7, 2016
UNITED STATES MAGISTRATE JUDGE

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