IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 17, 2010
SCOTT JOHNSTON, PLAINTIFF,
CITY OF RED BLUFF, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff brings this civil action under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634, against the City of Red Bluff and various of its employees, as well as Art Frolli, a union representative for Operating Engineers Local No. 3. On February 18, 2010, the court entered a non-final order granting defendant Frolli's motion to dismiss and providing plaintiff an opportunity to file an amended complaint within 30 days. On March 12, 2010, plaintiff filed a notice of appeal of the February 2010 order. Plaintiff also filed in this court a request to proceed in forma pauperis on appeal. That motion, however, is properly addressed by the Ninth Circuit Court of Appeals once the appeal is processed. The Clerk of the Court is directed to terminate the motion at Doc. 27 as a pending motion on the court's docket.
IT IS SO ORDERED.
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