Coats v. Fox et al

Filing 38

ORDER signed by Magistrate Judge Craig M. Kellison on 12/29/11 ordering the undersigned certifies plaintiff's appeal is taken in good faith. Plaintiff's motion to proceed in forma pauperis 36 is denied as unnecessary. Plaintiff's in forma pauperis status shall continued on appeal. (cc: USCA, 9th circuit) (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM THOMAS COATS,

12

No. CIV S-09-1300-CMK-P

Plaintiff,

13

vs.

14

MICHAEL FOX,

15

ORDER

Defendant.

16

/

17

Plaintiff, a state prisoner proceeding pro se, brought this civil rights action

18

pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 36) for leave

19

to proceed in forma pauperis on appeal. Pursuant to Federal Rule of Appellate Procedure

20

24(a)(3), where prior approval to proceed in forma pauperis was granted in the district court,

21

such approval generally continues on appeal unless the district court determines the appeal is not

22

taken in good faith.

23

Here, the undersigned finds the appeal is taken in good faith, so plaintiff’s

24

previous in forma pauperis status shall continue on appeal. Therefore, plaintiff’s current motion

25

for leave to proceed in forma pauperis is unnecessary.

26

///
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

The undersigned certifies plaintiff’s appeal is taken in good faith;

3

2.

Plaintiff’s motion to proceed in forma pauperis is denied as unnecessary;

3.

Plaintiff’s in forma pauperis status shall continue on appeal.

4
5

and

6
7
8
9

DATED: December 29, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2