Herrera v. Statti

Filing 80

ORDER denying 44 Motion to proceed in forma pauperis on appeal signed by Magistrate Judge Dale A. Drozd on 09/17/13. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTY HERRERA,

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No. 2:10-cv-1154 MCE DAD P

Plaintiff,

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v.

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P. STATTI et al.,

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ORDER

Defendant.

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Plaintiff has filed a motion to proceed in forma pauperis on appeal. Plaintiff is advised

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that this court has not issued any appealable orders nor has the court entered judgment in this

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case. At this time, plaintiff is still preceding in this action on his sole remaining claim that

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defendant Medina failed to provide him with adequate medical care in violation of the Eighth

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Amendment.

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

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pauperis on appeal (Doc. No. 44) is denied as premature.

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Dated: September 17, 2013

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DAD:9
herr1154.ifp