UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 6, 2009
JORGE ARMANDO DIAZ, PLAINTIFF,
K. W. PRUNTY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AS MOOT
On June 26, 2009, Plaintiff Jorge Armando Diaz, a state prisoner who was proceeding pro se in this civil action, filed a motion seeking leave to proceed in forma pauperis on appeal. Plaintiff was granted leave to proceed in forma pauperis in the action proceeding in this court and is therefore automatically entitled to proceed in forma pauperis on appeal, absent revocation of in forma pauperis status, which has not occurred. Fed. R. App. P. 24(a)(3).
Accordingly, Plaintiff's motion for leave to proceed in forma pauperis on appeal is HEREBY DENIED as moot.
IT IS SO ORDERED.
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