Claiborne v. Schwarzenegger et al

Filing 43

ORDER signed by Magistrate Judge Craig M. Kellison on 01/27/10 denying 42 Motion to Proceed IFP to seeking relief in the appellate court.(Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 vs. ALBONICO, Defendant. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. This action was dismissed without prejudice on August 19, 2009. The court denied plaintiff's motion for reconsideration and the matter has been processed to the Ninth Circuit Court of Appeals following plaintiff's filing of a notice of appeal on October 9, 2009. Currently pending before the court is plaintiff's motion for leave to proceed in forma pauperis on appeal (Doc. 42). The motion is denied without prejudice to seeking relief in the appellate court. IT IS SO ORDERED. DATED: January 27, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE DENNIS GERALD CLAIBORNE, Plaintiff, ORDER No. CIV S-08-1319-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA