Krohe v. Steinhardt

Filing 26

ORDER DENYING AS MOOT 23 Motion to Proceed IFP on Appeal signed by Magistrate Judge Michael J. Seng on 11/6/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DAVID KROHE,

Case No. 1:17-cv-00878-DAD-MJS (PC)

Plaintiff,

ORDER DENYING AS MOOT MOTION
TO PROCEED IN FORMA PAUPERIS
ON APPEAL

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v.
ZANDRA STEINHARDT,

(ECF No. 23)

Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
action against Zandra Steinhardt. On September 29, 2017, the action was dismissed for
lack of jurisdiction. (ECF No. 20.) Plaintiff appealed. (ECF No. 22.) Before the Court is
Plaintiff’s motion to proceed in forma pauperis on appeal. (ECF No. 23.)
Plaintiff was granted in forma pauperis status in the district court. (ECF No. 15.)
That status continues without prior approval unless the district court certifies the appeal
is not taken in good faith or otherwise finds the party is not entitled to so proceed. Fed.
R. App. P. 24(a)(3).

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As neither of those events has occurred, Plaintiff’s in forma pauperis status

2 continues automatically. His motion to proceed in forma pauperis is therefore HEREBY
3 DENIED as moot.
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IT IS SO ORDERED.
Dated:

November 6, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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