Patterson v. Kelso

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 5/10/2017 DENYING plaintiff's 33 motion to proceed IFP as moot. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VESTER L. PATTERSON, 12 Plaintiff, 13 14 15 v. No. 2:16-cv-0719 AC P ORDER JOHN CLARK KELSO, Defendant. 16 17 By order filed August 2, 2016, plaintiff’s first amended complaint was dismissed without 18 leave to amend and this action was closed. ECF Nos. 25-27. Plaintiff proceeded to file a notice 19 of appeal. ECF No. 29. He also filed a motion to proceed in forma pauperis. ECF No. 33. This 20 action has been closed and, while Federal Rule of Appellate Procedure 24(a) directs appellants 21 seeking to proceed in forma pauperis to file a motion in the district court, plaintiff also filed a 22 motion with the Ninth Circuit that was granted. Patterson v. Kelso, No. 16-16489, ECF No. 6 23 (9th Cir. Nov. 21, 2016). 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma 25 pauperis (ECF No. 33) is denied as moot. 26 DATED: May 10, 2017 27 28

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