Holguin v. Wicks

Filing 94

ORDER DENYING 93 Motion to Proceed IFP on Appeal as Moot signed by Magistrate Judge Barbara A. McAuliffe on 12/17/2019. (Jessen, A)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

PABLO HOLGUIN,

9

Plaintiff,

10

v.

11

WICKS,

12

Case No. 1:16-cv-00346-DAD-BAM (PC)
ORDER DENYING MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS ON
APPEAL AS MOOT
(ECF No. 93)

Defendant.

13
14

On September 17, 2019, the Court denied Plaintiff’s motion for summary judgment and

15

granted Defendant’s cross-motion for summary judgment, and directed the Clerk of the Court to

16

close this case. (ECF No. 85.) Judgment was entered accordingly the same date. (ECF No. 86.)

17

On October 24, 2019, following an extension of time, Plaintiff filed a notice of appeal. (ECF No.

18

90.) Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis on

19

appeal, filed December 16, 2019. (ECF No. 93.)

20

A review of the docket in the pending appeal reveals that Plaintiff’s in forma pauperis

21

status continues on appeal. See Documents 5–7 in Case No. 19-17163 (9th Cir.). Accordingly,

22

Plaintiff’s motion to proceed in forma pauperis on appeal is HEREBY DENIED as moot. Fed. R.

23

App. P. 24(a)(3).
IT IS SO ORDERED.

24
25
26

Dated:

/s/ Barbara

December 17, 2019

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

27
28
1