Moralez v. Moore et al

Filing 125

ORDER DENYING AS MOOT Plaintiff's 118 Application to Proceed Without Prepaying Fees or Costs filed by Abelardo Moralez, 116 Application to Proceed Without Prepaying Fees or Costs filed by Abelardo Moralez--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ABELARDO MORALEZ, Case No. 2:17-cv-10567 District Judge Laurie J. Michelson Magistrate Judge Anthony P. Patti Plaintiff, v. MICHAEL SHANNON MOORE, THOMAS WILSON, AMANDA RISKA, ROBERT D. MOORE, JASON GANZHORN, RICHARD MICHAEL KLIMMER, GERALD WHALEN, GLENN J. PAGE, PATRICK BURTCH, JENNY MORRIS, SHERIDAN SURVEYING, P.C., THOMAS TINKLEPAUGH, ADAM BROOKER, and MICHIGAN LIQUOR CONTROL COMMISSION, Defendants. __________________________/ ORDER DENYING AS MOOT PLAINTIFF’S APPLICATIONS TO PROCEED ON APPEAL WITHOUT PREPAYING FEES OR COSTS (DEs 116, 118) A. Background Plaintiff filed this lawsuit in pro per on February 21, 2017. Shortly thereafter, Judge Michelson referred this case to me for pretrial matters pursuant to 28 U.S.C. § 636(b)(1). On June 21, 2017, I conducted a hearing, the transcript for which was eventually made part of the case record. (DE 123.) On June 22, 2017, I entered a report and recommendation and several orders. (DEs 63-66.) On July 24, 2017, Judge Michelson entered an order adopting my report and 1    recommendation, denying plaintiff’s motions seeking injunctive relief, and partially dismissing the case. (DE 79.) On November 21, 2017, I filed two matters: (a) an order denying Plaintiff’s motions for disqualification (DE 101); and (b) a report and recommendation to grant several motions to dismiss (DE 102). In December 2017, Plaintiff filed objections. (DEs 109, 115.) This matter is before Judge Michelson. B. Instant Applications On November 30, 2017, Plaintiff filed a notice of appeal to the Sixth Circuit regarding my November 21, 2017 order. (DE 103-105; see also 106-108.) Currently before the Court are Plaintiff’s December 2017 applications to proceed in forma pauperis on appeal. (DEs 116, 118.) On January 4, 2018, the Sixth Circuit dismissed Plaintiff’s appeal for lack of jurisdiction. (DE 120 (Court of Appeals Docket # 17-2448).) Around that same time, the Clerk’s Office for the E.D. Mich. documented receipt of the $505.00 appeal fee. (DE 121.) C. Order Plaintiff’s appeal fee having been received and recorded on January 4, 2018, Plaintiff’s earlier filed applications to proceed on appeal without prepaying fees or costs (DE 116, 118) are DENIED AS MOOT. The Undersigned’s report and recommendation on Defendant MLCC’s October 2, 2017 motion to dismiss (see 2    DE 89) and, if necessary, opinion on Plaintiff’s December 15, 2017 formal written requests (see DE 114), will issue under separate cover. IT IS SO ORDERED. Dated: January 25, 2018 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on January 25, 2018, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 3   

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