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