Cohea v. Pliler, et al

Filing 344

ORDER signed by Magistrate Judge Edmund F. Brennan on 09/25/15 ordering that plaintiff's motion for leave to proceed in forma pauperis on appeal 342 is denied as unnecessary. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY JAMES COHEA,

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Plaintiff,

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v.

No. 2:00-cv-2799-GEB-EFB P

ORDER

CHERYL K. PLILER, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding in forma pauperis and without counsel, brought an

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action under 42 U.S.C. § 1983. Judgment was entered on August 4, 2015. On September 9,

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2015, plaintiff filed a notice of appeal and a request to proceed in forma pauperis. The Federal

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Rules of Appellate Procedure provide as follows:

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A party who was permitted to proceed in forma pauperis in the district-court action
. . . may proceed on appeal in forma pauperis without further authorization unless
the district court . . . certifies that the appeal is not taken in good faith or finds that
the party is not otherwise entitled to proceed in forma pauperis . . . .

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Fed. R. App. P. 24(a)(3). This court has not certified that plaintiff’s appeal is not taken in good

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faith and has not otherwise found that he is not entitled to proceed on appeal in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in

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forma pauperis on appeal (ECF No. 342) is denied as unnecessary.

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DATED: September 25, 2015.

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