Youngblood v. Uribe et al

Filing 23

ORDER Directing Clerk of Court to Forward Application to Proceed In Forma Pauperis 20 to Ninth Circuit signed by Magistrate Judge Erica P. Grosjean on 11/5/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:17-cv-01132-AWI-EPG (PC)
Appeal Case No. 18-16924

JESSE L. YOUNGBLOOD,

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Plaintiff,

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v.

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ORDER DIRECTING CLERK OF
COURT TO FORWARD APPLICATION
TO PROCEED IN FORMA PAUPERIS
TO NINTH CIRCUIT

D. URIBE, et al.,

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(ECF No. 20)

Defendants.

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Jesse L. Youngblood (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on August 23, 2017, (ECF

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No. 1), and filed an application to proceed in forma pauperis, (ECF No. 2).

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On January 26, 2018, the undersigned issued findings and recommendations to the district

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judge assigned to this matter, finding that Plaintiff has, on three or more prior occasions while

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incarcerated, brought an action that was dismissed because it is frivolous, malicious, or fails to

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state a claim upon which relief may be granted, and that Plaintiff is not under imminent danger of

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serious physical injury. (ECF No. 10). On April 13, 2018, the district judge adopted the findings

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and recommendation, denied the application to proceed in forma pauperis, and directed Plaintiff

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to pay the $400 filing fee. (ECF No. 12). Plaintiff failed to pay the filing fee, and on June 11,

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2018, the district judge dismissed this action without prejudice for Plaintiff’s failure to comply
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with the court’s order of April 13, 2018, (ECF No. 12), and failure to pay the filing fee. (ECF No.

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14).

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On September 26, 2018, Plaintiff filed a notice of appeal to the United States Court of

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Appeals for the Ninth Circuit, which is now pending under case number 18-16924. (ECF No.

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19). Plaintiff also filed a motion to proceed in forma pauperis on appeal. (ECF No. 20).

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The Court finds that Plaintiff’s motion to proceed in forma pauperis on appeal is more
properly brought at the Ninth Circuit Court of Appeals.
According, IT IS HEREBY ORDERED that the Clerk of the Court is DIRECTED to
forward Plaintiff’s application to proceed in forma pauperis on appeal to the United States Court
of Appeals for the Ninth Circuit.

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IT IS SO ORDERED.
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Dated:

November 5, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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