Moore v. County of Butte et al

Filing 23

ORDER signed by Magistrate Judge Craig M. Kellison on 12/29/11: Plaintiff's motion for leave to proceed in forma pauperis on appeal is denied as unnecessary 20 . Plaintiff's motion for appointment of counsel is denied without prejudice 17 . (cc: USCA) (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LESLIE MOORE,

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No. CIV S-10-0713-KJM-CMK

Plaintiff,
vs.

ORDER

COUNTY OF BUTTE, et al.,
Defendants.

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/

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Plaintiff, who is proceeding pro se, brought this civil rights complaint. Final

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judgment was entered on December 2, 2011, and plaintiff has filed a timely notice of appeal.

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Pending before the court is plaintiff’s motion (Doc. 20) for leave to proceed in forma pauperis on

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appeal. Pursuant to Federal Rule of Appellate Procedure 24(a)(3), where prior approval to

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proceed in forma pauperis was granted in the district court, such approval generally continues on

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appeal. Because plaintiff was previously granted in forma pauperis status in this action, the

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current motion will be denied as unnecessary.

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Also pending before the court is plaintiff’s motion (Doc. 17) for appointment of

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counsel on appeal. That motion will be denied without prejudice to renewing the motion in the

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Ninth Circuit Court of Appeals.
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Accordingly, IT IS HEREBY ORDERED that:

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appeal is denied as unnecessary; and

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Plaintiff’s motion (Doc. 20) for leave to proceed in forma pauperis on

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Plaintiff’s motion (Doc. 17) for appointment of counsel is denied without

prejudice.

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

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