Bolden v. CSS

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/27/10 DENYING Pltf's 31 Motion to Proceed IFP as unnecessary. (Owen, K)

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 vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LAKENYA R. BOLDEN, Plaintiff, No. CIV S-08-1481 GEB EFB

On July 7, 2008, the undersigned granted plaintiff's request to proceed in this action in forma pauperis. Dckt. No. 3. Plaintiff has now filed an application to proceed in forma pauperis on appeal. Dckt. No. 31. Pursuant to Federal Rule of Appellate Procedure 24(a)(3), "[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, or unless a statute provides otherwise. Fed. R. App. P. 24(a)(3). Because the district court has not certified that the appeal is not taken in good faith and has not found that plaintiff is not otherwise entitled to proceed in forma pauperis, the application to proceed in forma pauperis on appeal, Dckt. No. 31, is denied as unnecessary. SO ORDERED. DATED: April 27, 2010.