Gaines v. Sherman et al

Filing 26

ORDER denying 23 Motion to Proceed IFP signed by District Judge Ralph R. Beistline on 9/16/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA LESLIE J. GAINES, JR., Case No. 1:15-cv-01533-RRB Plaintiff, ORDER DENYING MOTION AT DOCKET 23 vs. STU SHERMAN (Warden), et al., Defendants. At Docket 23 Plaintiff Leslie J. Gaines, Jr., a California state prisoner appearing pro se, has filed an application to proceed in forma pauperis on appeal. The Court, having determined that reasonable jurists could not disagree with the Court’s resolution of Gaines’ Constitutional claims or conclude that the issues presented are adequate to proceed further, revoked Gaines’ IFP status.1 The pending motion does not compel the Court to reexamine its prior Order. Accordingly, the Application to Proceed In Forma Pauperis by a Prisoner at DOCKET 23 is DENIED without prejudice to making application to the Court of Appeals for the Ninth Circuit. IT IS SO ORDERED this 16th day of September, 2016. S/ RALPH R. BEISTLINE UNITED STATES DISTRICT JUDGE 1 Docket 21. ORDER DENYING MOTION AT DOCKET 23

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