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Diaz v. Prunty

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 6, 2009

JORGE ARMANDO DIAZ, PLAINTIFF,
v.
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

(Doc. 15)

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.

20090706

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