Childs v. Commissioner of Social Security

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 09/23/16 ORDERING that plaintiff's 22 Motion to Proceed IFP on appeal is DENIED as moot (cc: USCA). (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE P. CHILDS,

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No. 2:15-cv-0574-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On March 16, 2015, the court granted plaintiff’s motion to proceed in forma pauperis in

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the district court. (ECF No. 4.) Subsequently, on July 25, 2016, the court denied plaintiff’s

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motion for summary judgment, granted the Commissioner’s cross-motion for summary judgment,

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and affirmed the final decision of the Commissioner. (ECF Nos. 18, 19.) Thereafter, on

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September 22, 2016, plaintiff filed a notice of appeal. (ECF No. 20.) Plaintiff’s notice of appeal

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is accompanied by a motion to proceed in forma pauperis on appeal. (ECF No. 22.)

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Federal Rule of Appellate Procedure 24(a)(3) generally allows a party who was granted

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leave to proceed in forma pauperis in the district court to proceed in forma pauperis on appeal

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without further authorization, unless the district court finds that the appeal is not taken in good

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faith or that the party is not otherwise entitled to proceed in forma pauperis. Because the court

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has not made, and does not make, such findings in this case, plaintiff may proceed in forma
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pauperis on appeal without further authorization.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma

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pauperis on appeal is DENIED AS MOOT. This order resolves ECF No. 22.

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Dated: September 23, 2016

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