Unpublished Dispositiondavid A. Swearinger, Petitioner-appellant, v. J.j. Clark, Warden; United States Parole Commission,respondents-appellees, 927 F.2d 605 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 927 F.2d 605 (6th Cir. 1991)

Feb. 25, 1991

W.D.Tenn, 90-02716, Gibbons, J.

W.D. Tenn.


Before DAVID A. NELSON and SUHRHEINRICH, Circuit Judges; and WELLFORD, Senior Circuit Judge.


This appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit.

A review of the documents before the court indicates that the final judgment of the district court was entered November 2, 1990. Appellant appealed on November 7, 1990 (appeal No. 90-6545). Leave to proceed on appeal in forma pauperis was denied by the district court on December 5, 1990. Appellant appealed from that order on December 21, 1990 (appeal No. 91-5084).

The proper method of seeking review of the December 5, 1990, order denying pauper status on appeal is by filing a motion for pauper status in appeal No. 90-6545 as provided by Fed. R. App. P. 24(a). The filing of appeal No. 91-5084 from the order denying pauper status is inappropriate because such matter should properly be considered in appeal No. 90-6545.

It is ORDERED that appeal No. 91-5084 be, and it hereby is, dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.