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Farrakhan v. Burge

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


February 15, 2007

M.M. FARRAKHAN PLAINTIFF,
v.
J. BURGE, SUPERINTENDENT; M.L. BRADT, DEPUTY SUPERINTENDENT OF SECURITY; C. GUMMERSON, CAPTAIN; WITHER, SGT.; R. HEWIT, CORRECTIONAL OFFICER DEFENDANTS.

The opinion of the court was delivered by: David R. Homer, U.S. Magistrate Judge

ORDER

At the conclusion of a jury trial, this Court entered Judgment in favor of defendants Burge, Bradt, Gunnerson, and Hewit and dismissed the complaint filed by plaintiff M.M. Farrakhan in its entirety.*fn1 See Dkt. No. 75. Plaintiff has appealed the Judgment filed December 8, 2006 to the Second Circuit Court of Appeals. See Dkt. No. 76.

Presently before the Court is plaintiff's request to proceed in forma pauperis during the appeal of his case. See Dkt. No. 80.

Because this Court previously granted plaintiff's in forma pauperis application (see Dkt. No. 4), and has not revoked same, the previous grant of that status continues and the instant application is denied as moot.*fn2

WHEREFORE, it is hereby

ORDERED, that plaintiff's request to proceed with the appeal of this matter in forma pauperis (Dkt. No. 80) is denied as moot, and it is further

ORDERED, that the Clerk serve a copy of this Order on the parties.

IT IS SO ORDERED.


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