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16-1769 - Slim v. Abuzaid


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16-1769 - Slim v. Abuzaid
August 28, 2017
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Memorandum Opinion and Order denying 27 Motion for Summary Judgment; denying 35 Motion for Summary Judgment, as it determines that a genuine dispute of material fact exists regarding the relief requested by Plaintiff in this action. Plaintiff's request for relief in the form of a declaratory judgment will be tried to the court. (Ordered by Judge Sam A Lindsay on 8/28/2017) (epm)
September 5, 2017
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***VACATED PER 70 ORDER*** Recommendation Regarding Request to Proceed in Forma Pauperis on Appeal: The request for leave to proceed in forma pauperis on appeal should be DENIED because the Court should certify pursuant to Fed. R. App. P. 24(a)(3) and 28 U.S.C. ยง 1915(a)(3) that the appeal is not taken in good faith. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 9/5/2017) (mcrd) Modified on 3/23/2018 (zkc).
March 23, 2018
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ORDER: On 10/4/2017, the defendant filed a Letter of Clarification to the Court Regarding the Honorable Judge Irma Carrillo Ramirez Recommendation on Defendant Joseph Abuzaid'sApplication to Prceed [sic] in this Case Without Paying Cost. (See doc. 61.) It states that he only intended to seek leave to proceed in forma pauperis in the district court, not on appeal. The recommendation that leave to proceed in forma pauperis on appeal (doc. 54) is therefore VACATED. Because the defendant paid the filing fee for this case at the time he removed it from state court, (see doc. 1), leave to proceed in forma pauperis is unnecessary, so the application (doc.52) is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 3/23/2018) (mcrd)