Patterson v. Kelso
ORDER signed by Magistrate Judge Allison Claire on 5/10/2017 DENYING plaintiff's 33 motion to proceed IFP as moot. (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
VESTER L. PATTERSON,
No. 2:16-cv-0719 AC P
JOHN CLARK KELSO,
By order filed August 2, 2016, plaintiff’s first amended complaint was dismissed without
leave to amend and this action was closed. ECF Nos. 25-27. Plaintiff proceeded to file a notice
of appeal. ECF No. 29. He also filed a motion to proceed in forma pauperis. ECF No. 33. This
action has been closed and, while Federal Rule of Appellate Procedure 24(a) directs appellants
seeking to proceed in forma pauperis to file a motion in the district court, plaintiff also filed a
motion with the Ninth Circuit that was granted. Patterson v. Kelso, No. 16-16489, ECF No. 6
(9th Cir. Nov. 21, 2016).
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis (ECF No. 33) is denied as moot.
DATED: May 10, 2017
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