Unpublished Dispositionmorris May, Plaintiff-appellant, v. Challenger Communications Systems, Inc., Defendant-appellee, 848 F.2d 192 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 848 F.2d 192 (6th Cir. 1988) May 2, 1988

Before LIVELY, KRUPANSKY and BOGGS, Circuit Judges.


ORDER

The plaintiff moves to expedite this appeal from the district court's order denying pauper status and refusing to allow the filing of the complaint in this civil rights case. 42 U.S.C. § 1983. The motion to expedite has been submitted in lieu of a brief. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. After an examination of the record and the motion, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

This court had affirmed the district court's initial order requiring the plaintiff to pay the filing fee in this case. The plaintiff subsequently moved for pauper status and for permission to file his complaint, alleging that he had been granted pauper status in another case. The district court entered an order denying the plaintiff's motion, reasoning that the grant of pauper status in another case did not control the granting of pauper status in this case.

After an examination of the record, we agree with the conclusions of the district court for the reasons stated in its order. The motion to expedite the appeal is denied. The order of the district court is affirmed under Rule 9(b) (5), Rules of the Sixth Circuit, because the issues are not substantial and do not require oral argument.

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