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Payne v. Maese

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 14, 2010

MYRON A. PAYNE, PLAINTIFF,
v.
MAESE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL and DIRECTING CLERK TO SERVE THE COURT OF APPEALS

(DOCUMENT #11)

Plaintiff is a prisoner proceeding pro se with a petition for writ of mandate, or mandamus, pursuant to 28 U.S.C. § 1361.

On December 3, 2009, judgment was entered denying the petition for writ of mandamus. (Doc. 7.) On December 31, 2009, plaintiff filed a notice of appeal and an application to proceed in forma pauperis. (Docs. 9, 11.) Examination of plaintiff's application to proceed in forma pauperis reveals that plaintiff is unable to afford the costs of an appeal. Accordingly, the application to proceed in forma pauperis on appeal is GRANTED. See 28 U.S.C. § 1915. The Clerk is directed to serve a copy of this order on the Court of Appeals for the Ninth Circuit.

IT IS SO ORDERED.

20100114

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