Jesse Youngblood v. Esquerra, et al
| KEMMER, Correctional Officer at Corcoran State Prison, ESQUERRA, Correctional Officer at Corcoran State Prison, ACOSTA, Correctional Officer at Corcoran State Prison and M. MARCHAK, M.D. at Corcoran State Prison |
| JESSE L. YOUNGBLOOD |
| 19-15705 |
| April 10, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 2 Filed order (EDWARD LEAVY, CONSUELO M. CALLAHAN and CARLOS T. BEA): This court has reviewed the notice of appeal filed April 8, 2019 in the above-referenced district court docket pursuant to the pre-filing review order entered in docket No. 17-80196. The April 8, 2019 notice of appeal challenges the district courts March 22, 2019 order denying appellants motion for leave to proceed in forma pauperis on appeal for closed appeal No. 19-15190. We deny permission to proceed because the district courts March 22, 2019 is not separately appealable. See In re Thomas, 508 F.3d 1225 (9th Cir. 2007); see also Fed. R. App. P. 24(a)(1)(5) (following district courts denial of motion to proceed on appeal in forma pauperis on appeal, appellant may file motion to proceed in forma pauperis in court of appeals); Advisory Committee Note to Rule 24 (Rule 24 establishes a subsequent motion in the court of appeals, rather than an appeal from the order of denial or from the certification or lack of good faith, as the proper procedure to challenge district court order denying leave to proceed in forma pauperis on appeal). Appeal No. 19-15705 is therefore dismissed. This order, served on the district court for the Eastern District of California, shall constitute the mandate of this court. No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions regarding this order shall be filed or entertained. DISMISSED. [11317010] (AF) [Entered: 06/03/2019 11:10 AM] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS. This application is subject to a pre-filing review order in case number 17-80196. DOCKETED CAUSE AND ENTERED APPEARANCES OF PRO SE APPELLANT. This appeal is subject to a pre-filing review order in case number 17-80196. The appeal will be reviewed by the Court to determine whether it will be allowed to proceed. No briefing schedule will be set until/unless the Court determines that the appeal should be allowed to proceed. [11259175] (HC) [Entered: 04/10/2019 11:16 AM] |
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