Strick v. Pitts et al
Filing
56
ORDER granting 52 Plaintiff's Motion for Leave to Appeal in forma pauperis, signed by Judge Ronald B. Leighton.(DN)
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HONORABLE RONALD B. LEIGHTON
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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ANDREW STRICK,
CASE NO. C11-5110 RBL
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Plaintiff,
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ORDER GRANTING IFP ON
APPEAL
v.
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[DKT. #52]
DOUG PITTS,
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Defendant.
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THIS MATTER is before the Court on Plaintiff’s Motion for leave to appeal in forma
15 pauperis. A court should “deny leave to proceed in forma pauperis at the outset if it appears
16 from the face of the proposed complaint that the action is frivolous or without merit.” Tripati v.
17 First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see also 28
18 U.S.C. § 1915(e)(2)(B)(i).
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This Court dismissed Plaintiff’s complaint without prejudice, after he failed to prosecute
20 the case and failed to respond to an Order to Show Cause why it should not be so dismissed. The
21 Court did not determine that Plaintiff’s Complaint was frivolous, and it cannot do so here.
22 Plaintiff’s Motion for IFP status on appeal is GRANTED.
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ORDER GRANTING IFP ON APPEAL - 1
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IT IS SO ORDERED.
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Dated this 8th day of November, 2012.
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A
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Ronald B. Leighton
United States District Judge
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[DKT. #52] - 2
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