Baricevic v.Commissioner of Social Security

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/2016 DENYING AS MOOT 28 Motion to Proceed IFP. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LISA BARICEVIC,

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No. 2:15-cv-1541-KJN

Plaintiff,
v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On July 23, 2015, the court granted plaintiff’s motion to proceed in forma pauperis in the

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district court. (ECF No. 6.) Subsequently, on August 9, 2016, the court denied plaintiff’s motion

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

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affirmed the final decision of the Commissioner. (ECF Nos. 25, 26.) Thereafter, on October 7,

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2016, plaintiff filed a notice of appeal. (ECF No. 27.) Plaintiff’s notice of appeal is accompanied

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by a motion to proceed in forma pauperis on appeal. (ECF No. 28.)

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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. 28.

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Dated: October 13, 2016

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